The number of pending cases in immigration courts looks poised to grow as the Trump administration begins removing undocumented immigrants who weren’t previously targeted. AILA board member Jeremy McKinney explained that the 2014 migrant wave at the southern border first put a strain on the interior immigration courts
Filed under: best deportation attorney | Tagged: Deportation, Detention, Immigration Policy, trump | Leave a comment »
On February 21, 2017, Attorney General Jeff Sessions issued a memo to the Federal Bureau of Prisons (BOP) rescinding former Deputy Attorney General Sally Yates’ August 18, 2016, memo entitled “Reducing Our Use of Private Prisons,” which aimed to sharply scale back DOJ’s use of private prison contractors in the federal prison system. The memo from Sessions eliminates the review of private prison contracts at the end of their term, and directs the BOP to return to its previous approach with regard to the use of private prisons.
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The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
Filed under: Haitians Detainees | Tagged: asylum detainee, cbp, Detainee, detainees, Detention, district court, Haitians Detainees, Immigration Attorney, immigration detainees, immigration detainer, Immigration Detainers, immigration detention, Immigration Lawyer, transferring detainees | Leave a comment »
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”
BIA deference given to particulary serious crime
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This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. If the respondents prevail, the Supreme Court could require mandatory bond hearings for detained immigrants nationwide. If the government wins, however, tens of thousands of people could be exposed to potentially indefinite periods of immigration detention.
Filed under: immigrants | Tagged: Detention, Immigration, Immigration Attorney, immigration detention, Immigration Law, Immigration Lawyer, indefinite detention | Leave a comment »
CBP announced that it is setting up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas, to provide additional capacity for unaccompanied children and family units in CBP custody at Ports of Entry and U.S. Border Patrol stations in the South Texas area. The temporary site can currently hold up to 500 people, but CBP stated that it will regularly assess whether to expand this facility or keep it operational based on the number of people arriving in the area.
Filed under: CBP - Customs & Border Protection | Tagged: cbp, CBP Liaison, child detention, Customs & Border Protection (CBP), Customs and Border Protection (CBP), Detention, holding facility, Immigration, Immigration Attorney, Immigration Lawyer, immunity of cbp agents, U.S. Customs and Border Protection (CBP) | Leave a comment »
An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded that the two petitioners were not taken into immigration custody when they were released from criminal custody, because they had been released from criminal custody years before their immigration custody began. As a result, the court found that the detention mandate did not bar either petitioner from seeking release on bond pursuant to the Attorney General’s discretionary release authority.
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https://californiaimmigration.us/immigration-reform-usa-2014-news-brings-the-new-dapa/
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NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who were arrested and placed in a Dilley, Texas, family detention center; all but 12 families were deported. “There are serious questions about whether ICE agents’ conduct during these raids violated the Constitution,” stated Lisa Graybill, Deputy Legal Director for SPLC. “We cannot allow ICE, the nation’s largest law enforcement agency, to avoid accountability and violate the federal law by withholding these records.”
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Filed under: Immigration Attorney | Tagged: Deportation, Detention, ICE | Leave a comment »
In a decision issued yesterday, the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s Bivens action against various government officials, holding that no Bivensremedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. The plaintiff had been ordered removed, and although ICE does not effectuate removals to Cuba, he remained in ICE custody for an amount of time greatly exceeding the 90-day statutory period for removal, from November 25, 2008, until October 21, 2009.
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An article in the New York Times discusses ICE’s use of ankle monitors as a condition of release for women detained in family detention centers. According to the article, federal officials say that using ankle monitors is an economical alternative to detention. Advocates, however, argue that the monitors are stigmatizing as well as unnecessary.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 