Courts

Court Finds Federal Officers Can be Sued for Mistreatment of Immigrants in Detention

Written by on July 29, 2015 in Administration, Courts, Due Process with 0 Comments
Court Finds Federal Officers Can be Sued for Mistreatment of Immigrants in Detention

The Court of Appeals for the Second Circuit ruled last month that eight immigrant men who were detained under extremely punitive conditions in maximum security facilities following 9/11, could proceed with their lawsuit against the individual federal officials responsible for their mistreatment. All of the plaintiffs in Turkmen v. Ashcroft were caught up in the […]

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Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children

Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children

Elvis Garcia is a migration counselor at the Catholic Charities Community Services of New York. He is also a former unaccompanied child who fled from his native Honduras in 2005 when he was 15 years old. Last week, Garcia and several others participated in a roundtable discussion sponsored by Lutheran Immigrant and Refugee Services to […]

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Judge’s Order in Flores Should Signal the End of Family Detention

Written by on July 27, 2015 in Children, Courts, Detention, Family with 0 Comments
Judge’s Order in Flores Should Signal the End of Family Detention

A federal judge issued an order in the Flores case that should go a long way to ending the government’s practice of detaining children and their mothers in unlicensed, secure facilities in Dilley and Karnes, Texas. Since the summer of 2014, the government has detained thousands of women and children fleeing violence in Central America. […]

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Appellate Court Hears Oral Argument in Texas v. United States

Written by on July 13, 2015 in Courts, Executive Action with 1 Comment
Appellate Court Hears Oral Argument in Texas v. United States

Last week, the Fifth Circuit Court of Appeals in New Orleans heard oral argument in the most closely watched immigration case in years, Texas v. United States. This is a case brought by Texas and a number of other states challenging the legality of two key components of President Obama’s immigration executive actions announced last […]

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U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported

U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported

Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs and Border Protection (CBP) detained and […]

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Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds

Written by on June 11, 2015 in Courts, Customs and Border Protection with 0 Comments
Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds

For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S. government report from DHS’ Office of Inspector General (OIG) said this practice may “violate U.S. treaty obligations.” Specifically, according to the OIG, the “use of Streamline” to […]

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Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense

Written by on June 4, 2015 in Supreme Court with 11 Comments
Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense

Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first step in unwinding the legal spiral that led to Moones Mellouli’s deportation in 2012 and a reaffirmation that, when attempting to deport someone for […]

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Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

Written by on May 27, 2015 in Courts, Executive Action, Restrictionists with 2 Comments
Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work authorization. This new policy, announced as part of the Administration’s package of Executive Actions on immigration, permits H-4s to obtain work authorization where the H-1B spouse is […]

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Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

Written by on May 21, 2015 in Backlogs, Courts with 3 Comments
Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The bipartisan bill acknowledges that a severe shortage of immigration judges has plagued the U.S. immigration system for years. While Congress has increased immigration enforcement funding exponentially over the past […]

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Immigration Appeals Court Reverses Position on Deportation Waivers

Written by on May 20, 2015 in Board of Immigration Appeals, Courts with 8 Comments
Immigration Appeals Court Reverses Position on Deportation Waivers

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause extreme hardship to their U.S. […]

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