Immigration at the Border

Immigration at the Border

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

This Practice Advisory discusses the “departure bar” to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

Inspection and Entry at a Port of Entry: When is there an Admission?

Inspection and Entry at a Port of Entry: When is there an Admission?

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Read More

Introduction to Habeas Corpus

Introduction to Habeas Corpus

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

Motions to Suppress in Removal Proceedings: A General Overview

Motions to Suppress in Removal Proceedings: A General Overview

This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. Read More

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. Read More

The Sins of the Fathers: The Children of Undocumented Immigrants Pay the Price

The Sins of the Fathers: The Children of Undocumented Immigrants Pay the Price

For the undocumented in America there is little doubt that the iniquities of the father are visited upon the child. On November 7th, for instance, an astounding 71 percent of voters in Arizona passed a referendum (Proposition 300) which states that only U.S. citizens and legal residents are eligible for in-state college tuition rates, tuition and fee waivers, and financial assistance. These are kids brought by their parents to this country as young children, in many instances infants in their mothers’ arms, and in every instance as children for whom the decision to come here was made without their participation. And yet, they shall pay the price, perhaps with their futures. The same referendum would deny childcare to the U.S.-citizen children of undocumented parents. Yes, the child is a citizen of the United States, but voters in Arizona have concluded that to provide the child with care is to reward the parents for the sin of seeking a better life in America. Read More

Enforcement Overdrive: A Comprehensive Assessment of ICE’s Criminal Alien Program

Enforcement Overdrive: A Comprehensive Assessment of ICE’s Criminal Alien Program

This examination of the Criminal Alien Program's outcomes from fiscal years 2010 to 2013 offers important insights into CAP’s operations over time and its potential impact on communities moving forward. Read More

A Guide to Children Arriving at the Border: Laws, Policies and Responses

A Guide to Children Arriving at the Border: Laws, Policies and Responses

This Guide provides information about the tens of thousands of children—some travelling with their parents and others alone—who have fled their homes in Central America and arrived at our southern border. Read More

Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More

Ninth Circuit Decision Should Prompt End to Family Detention

Ninth Circuit Decision Should Prompt End to Family Detention

The Ninth Circuit Court of Appeals ruled Wednesday that the Flores Settlement (a 1997 agreement that set legal standards for the detention and release of immigrant children) applies to both unaccompanied and accompanied minors. The Court also found that neither Immigration and Customs Enforcement’s (ICE) detention and release policies at existing… Read More

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