Due Process and the Courts
Federal Court Strikes Down Immigration Detainers
In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement (ICE). The court found that detainers violate federal law because they exceed the government’s warrantless arrest authority and made it… Read More
Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?
This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the district court’s… Read More
Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children
In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch was brought by the American Immigration Council, American Civil Liberties Union, the Northwest Immigrant Rights Project, Public Counsel, and K&L… Read More
Immigrants’ Access to Legal Representation Is Unequal and the Consequences Are Serious
Nationally, only 37 percent of all immigrants had legal representation, and only 14 percent of immigrants in detention had a lawyer. In a paper issued today, Access to Counsel in Immigration Court, Ingrid Eagly and Steven Shafer analyzed 1.2 million individual removal cases in immigration court between fiscal years… Read More
Legal Challenges to Arizona’s SB 1070 End–For Now
After six years of challenges, including a trip to the Supreme Court, the legal battle over Arizona’s SB 1070 has come to an end—for now. The law faced a wave of opposition soon after going into effect in April 2010. In May 2010 civil and immigrant rights groups including the… Read More
Government Admits Providing False Information to Supreme Court
Last week, the Department of Justice (DOJ) sent a letter to the Supreme Court alerting the Justices that it had provided the Court with incorrect information regarding how long certain noncitizens were held in detention. DOJ initially had provided this false information to the Supreme Court in 2002 for… Read More
New Lawsuit Challenges Preliminary Injunction in United States v. Texas
In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of… Read More
New Lawsuit Challenges Preliminary Injunction in United States v. Texas
In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative and the launch of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). The injunction effectively halted implementation of… Read More
Government Sued For Withholding Records on Immigration Raids
The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes in two days of immigration raids last January. According to a lawsuit filed this week by the Southern Poverty Law… Read More
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