Immigration Law

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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New Report Sheds Little Light on Deportation Debate

New Report Sheds Little Light on Deportation Debate

A new report from the Center for Immigration Studies (CIS) sheds little light on the ongoing debate around who does and does not get deported from the United States. The report would have us believe that the federal government is knowingly letting tens of thousands of violent foreign-born criminals go free. It’s certainly a sensational [...]

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The Washington Post Exposes Sorry State of Immigration Courts

The Washington Post Exposes Sorry State of Immigration Courts

This week, the Washington Post ran a front page article drawing attention to the fact that our nation’s immigration courts are operating in crisis mode.  The immigration courts are so overcrowded that judges are forced to make split-second decisions regarding complex legal issues, calling into question whether the court system is fairly administering justice.  The [...]

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SOTU Shows Parties Moving Closer on Immigration Reform

SOTU Shows Parties Moving Closer on Immigration Reform

During Tuesday night’s State of the Union address, President Obama made it clear that improved immigration policies go hand-in-hand with the economic recovery, and nudged the House of Representatives to make the next move on immigration reform.

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Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working

Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working

A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum claims. The inability to work for lengthy periods of time has had crippling effects on asylum applicants. Without proper work authorization, they have been [...]

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The Punishment Should Fit the Crime for Immigrants, Too

The Punishment Should Fit the Crime for Immigrants, Too

The punishment should fit the crime. That maxim is as old as law itself, dating at least as far back as the Old Testament and Hammurabi’s Code.  It’s firmly rooted in our Constitution’s Due Process Clause and the Eighth Amendment’s prohibition against excessive fines and cruel and unusual punishment. That principle—referred to as proportionality—appears in [...]

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New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

Written by on November 21, 2013 in Courts, Crime, Deportation, Detention, Immigration Law with 0 Comments
New York’s Highest Court Says that Noncitizens Must Be Warned of Deportation Risk Before Pleading Guilty

The highest court in New York ruled on Tuesday that due process compels state court judges to warn defendants in criminal proceedings who are not U.S. citizens that pleading guilty to a felony may result in their deportation. The court noted that “deportation is a plea consequence of such tremendous importance, grave impact and frequent [...]

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Detention Bed Mandate is Just One Example of How Immigration is Being Criminalized

Detention Bed Mandate is Just One Example of How Immigration is Being Criminalized

For more than a century, study after study has confirmed two simple yet powerful truths about the relationship between immigration and crime: immigrants are less likely to commit serious crimes or be behind bars than the native-born, and high rates of immigration are not associated with higher rates of either violent or property crime. Unfortunately, [...]

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Supreme Court to Interpret Child Status Protection Act

Written by on November 14, 2013 in Children, Courts, Family, Immigration Law, Supreme Court, USCIS, Visas with 7 Comments
Supreme Court to Interpret Child Status Protection Act

Last week, several groups, including the American Immigration Council, submitted an amicus brief to the Supreme Court describing the heartrending stories of young people who have been separated from their families due to government processing delays and the shortage of visas.  The case, Mayorkas v. Cuellar de Osorio, concerns the Child Status Protection Act (CSPA), [...]

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New York City Pilots Free Legal Representation in Immigration Court

Written by on November 13, 2013 in Access to Counsel, Courts, Immigration Law with 6 Comments
New York City Pilots Free Legal Representation in Immigration Court

In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off [...]

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