Courts

Immigration Courts Desperately Need More Judges

Written by on August 27, 2015 in Backlogs, Courts with 0 Comments
Immigration Courts Desperately Need More Judges

Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship. And while the media remains transfixed by the inflammatory rhetoric of some candidates, more mundane yet equally important problems go unaddressed. Case in point: immigration court backlogs. While […]

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Government Ordered to Promptly Release Children From Family Detention

Written by on August 24, 2015 in Courts, Detention with 0 Comments
Government Ordered to Promptly Release Children From Family Detention

In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration detention. Advocates for immigrant children went to court in February to argue that the government’s family detention centers violate the Flores v. Reno settlement agreement, which […]

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Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens

Written by on August 14, 2015 in Courts, Department of Homeland Security, Visas with 0 Comments
Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens

This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to prevent foreign students from having an opportunity to gain meaningful practical experience in the United States. The court invalidated the Department of Homeland Security’s (DHS) […]

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Immigrant Children Without Attorneys are Still Being Ordered Deported

Written by on August 13, 2015 in Children, Courts, Deportation with 0 Comments
Immigrant Children Without Attorneys are Still Being Ordered Deported

It would seem to be a simple matter of conscience that no child should ever stand before a judge without having an attorney as an advocate. Younger children in particular may not even understand the significance of their day in court or how a judge’s ruling can profoundly impact the rest of their lives. Nowhere […]

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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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