Courts

Avalanche of Local Detainer Limits Underscores Need for Federal Policy Reform

Avalanche of Local Detainer Limits Underscores Need for Federal Policy Reform

Across the United States, county after county continues to alter policies to limit compliance with immigration detainers because of constitutional concerns. A spate of federal rulings found that detainers were not mandatory, so local officials increasingly seem to be coming to the conclusion that honoring detainer requests from Immigration and Customs Enforcement, which ask officers [...]

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Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court

Written by on July 18, 2014 in Children, Courts with 1 Comment
Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court

As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory detention as a solution. Some say as many as 90 percent fail to attend their immigration court hearings. Yet government data recently published by Syracuse University’s Transactional [...]

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DOJ Adds Temp Judges and Shifts Priorities in Response to Unaccompanied Minors

DOJ Adds Temp Judges and Shifts Priorities in Response to Unaccompanied Minors

Congress has long neglected the immigration court system, like so many other aspects of our immigration infrastructure. For years, while the Department of Homeland Security (DHS) has dedicated more and more resources to immigration enforcement efforts, resources for the immigration courts have not commensurately increased. As a result, immigration courts cannot keep up with their [...]

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Why We Are Suing the Government on Behalf of All Children Facing Deportation

Why We Are Suing the Government on Behalf of All Children Facing Deportation

The thousands of children fleeing violence and persecution and seeking refuge in the United States have brought to the forefront the issue of how our immigration system deals with children. The current system subjects kids to the same deportation laws as adults. They are ordered to appear in immigration court, where they face off against [...]

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Legal Concerns Push Counties to Limit ICE Detainers

Legal Concerns Push Counties to Limit ICE Detainers

Doña Ana County in New Mexico announced this week it will stop honoring detainer requests from U.S. Immigration and Customs Enforcement (ICE) officials at the county jail, becoming the most recent in a string of local jurisdictions across the country to limit their compliance with detainers. According to the Las Cruces Sun-News, county commissioners approved [...]

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District Court Decides Some TPS Beneficiaries May Finally Become Lawful Permanent Residents

Written by on June 13, 2014 in Courts with 3 Comments
District Court Decides Some TPS Beneficiaries May Finally Become Lawful Permanent Residents

When a massive earthquake leveled much of Haiti, and when civil war broke out in Syria, the U.S. government did not blindly send Haitians and Syrians home to near-certain death. Instead, the government did the humane thing and offered safe haven to nationals of those countries who were here when disaster struck. Though rare, this [...]

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SCOTUS Decides Immigrants Can “Age-Out” of Visa Petitions

Written by on June 9, 2014 in Children, Courts, Family, Supreme Court with 7 Comments
SCOTUS Decides Immigrants Can “Age-Out” of Visa Petitions

In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents; the majority ruled that [...]

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Over 100 Cities and Counties Now Riding the Anti-Detainer Wave

Over 100 Cities and Counties Now Riding the Anti-Detainer Wave

There have been four recent federal court decisions ruling that Immigration and Customs Enforcement (ICE) agents cannot require local jurisdictions to detain someone and that local law enforcement can be held liable for holding someone for no reason other than an ICE detainer. ICE detainers are written requests for local jails or other law enforcement [...]

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Study: Providing Representation for Indigent Immigrants Could Pay for Itself

Written by on May 30, 2014 in Courts, Deportation, Due Process with 0 Comments
Study: Providing Representation for Indigent Immigrants Could Pay for Itself

U.S. immigration laws provide only minimal due process protections for even the most vulnerable immigrants facing deportation, and in 59 percent of cases, immigrants are forced to navigate the byzantine immigration court system without representation, including many unaccompanied children. Many do not speak English, nor do they understand the laws that the courts use to [...]

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Immigration Courts’ Computer Malfunction Slows an Already Crowded System

Immigration Courts’ Computer Malfunction Slows an Already Crowded System

For more than a month, the computer system that manages federal immigration court cases has been down due to a massive malfunction. According to a notice on the website for the Executive Office of Immigration Review (EOIR), which oversees immigration courts, “A hardware failure has resulted in the agency’s inability to perform some functions related [...]

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