Due Process & the Courts
Amicus Arguments at the Ninth Circuit: The Flores Settlement Applies to All Children
Since the summer of 2014, the government has detained thousands of mothers and children fleeing violence in Central America. Although the longstanding Flores settlement guarantees minimum standards for the detention, release, and treatment of children in immigration detention, the Government’s family detention practices have failed to comply with the settlement. Plaintiffs brought suit to enforce the Flores settlement, and a District Court Judge ruled in July and August of 2015 that the settlement applied to all minors, including those detained with family members. The Department of Homeland Security then filed an appeal with the Ninth Circuit Court of Appeals, arguing that the settlement only applies to unaccompanied minors, and not those children arriving with one or more parent. This week, a broad array of organizations filed amicus briefs in support of the plaintiffs and arguing against the Government’s position. Read More
Letter to DHS Outlines Problematic Practices That Undermine Due Process Protections for Asylum Seekers
Even before the recent ICE raids on Central American families began last week, there were serious signs that the government was undermining due process and not providing asylum-seekers a meaningful opportunity to make their cases. Many of the violations were brought to the attention of the immigration agencies by the… Read More
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 post 9/11 frenzy that targeted Muslims or those who appeared to be Muslim. None were terrorists or even charged with a crime. Instead, they were detained in connection with civil deportation proceedings—proceedings premised solely on their lack of valid immigration status. Read More
A Compelling Case Study in Family Detention and Pro Bono Counsel
When the family detention center in Artesia, New Mexico, was hastily propped up by the U.S. government in order to detain and rapidly process women and children for deportation, immigration rights advocates raised alarms. Over the course of several months, as an uptick in families and unaccompanied minors appeared at… Read More
Children in Jail: What It’s Like for Immigrant Families Held at Karnes, Texas
This summer, tens of thousands of Central American families fled violence to the U.S. southern border. The administration responded by accelerating deportation proceedings, converting government facilities to family detention centers, and then prioritizing the detention and removal of families. First, the Department of Homeland Security (DHS) turned the Federal Law… Read More
Here Are Some of the Stories of Women Held at Artesia
The lawsuit filed last week by the American Immigration Council, the ACLU, the National Immigration Project, and the National Immigration Law Center challenging government deportation policies at the family detention center in Artesia, New Mexico, has shined a light on the deprivation of due process occurring there daily. Read More
Why Groups Are Suing the Government over Rushed Deportation Process for Mothers and Children
As families from Central America flee violence and persecution to seek refuge in the United States, hundreds of mothers and their children apprehended after crossing the border have been locked up at an isolated detention center in Artesia, New Mexico—hours from the nearest major metropolitan area. Two hundred and… Read More
Municipalities Help Advance Access to Counsel for Immigrants
Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those who otherwise would be forced to proceed in immigration court alone. Cities are establishing programs to provide free legal… Read More
Refugee Children Don’t Need More Immigration Enforcement
A humanitarian crisis requires a humanitarian response. In the case of the unaccompanied children from Central America who are arriving at the U.S.-Mexico border, this would include decent food, shelter, and medical attention while in U.S. custody. Even more crucial, it would include careful screening of each child’s case… Read More
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… Read More
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