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Mistakes aren’t reviewable, Supreme Court says

Who should suffer when an immigration judge messes up? The migrant, a divided majority of the U.S. Supreme Court announced this week. In Patel v. Garland, the Court concluded that federal courts can’t review factual assessments made by immigration judges even when the immigration judge is wrong. Justice Barrett wrote the majority opinion which Chief Justice Roberts joined along with Justices Thomas, Alito, and Kavanaugh. Justice Gorsuch wrote a dissenting opinion joined by Justices Breyer, Sotomayor, and Kagan. This case involved Pankajkumar Patel who entered the United States without the [...]

Posted by César on May 18, 2022 on 1:31 pm Leave a Comment
Filed Under: adjustment of status, U.S. Supreme Court

ICE prosecutorial discretion guidance

This week the Immigration and Customs Enforcement agency released guidance about the Biden administration’s approach to immigration court cases. Removal proceedings—the formal name for what most people refer to as deportation proceedings—are to be governed by the detailed memo issued on April 3 by ICE’s Principal Legal Advisor Kerry E. Doyle. In turn, the Doyle Memo builds on a separate memo issued in September 2021 by Secretary of Homeland Security Alejandro Mayorkas. On behalf of the Biden administration, the Mayorkas Memo identified three priorities for DHS officials to use when making [...]

Posted by César on April 7, 2022 on 2:42 pm 1 Comment
Filed Under: Uncategorized

Supreme Court again considers ICE’s detention powers

In a pair of cases being argued today, the U.S. Supreme Court reviews the federal government’s power to detain migrants. This pair of cases, Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez, raise similar legal issues: Can federal immigration officials detain a person indefinitely without the possibility of requesting release from an immigration judge when a person who is not a U.S. citizen has already been detained for at least 6 months and is waiting for immigration officials to decide whether they will be allowed to remain in the United States? In each case, a circuit court [...]

Posted by César on January 11, 2022 on 4:31 am Leave a Comment
Filed Under: bond, Due Process Clause, imprisonment, mandatory detention, U.S. Supreme Court

Troubled contractor gets $180 million to hold young migrants

Biden administration officials last month moved $180 million from one troubled contractor to another to ensure that it can keep using two South Texas facilities in which migrant youth are regularly detained. An official notice published in the Federal Register on November 30 indicates that $178,007,159 originally slated to go to Comprehensive Health Services, Inc. will now be paid to Southwest Key Programs, Incorporated. The federal government’s Office of Refugee Resettlement, part of the U.S. Department of Health and Human Services, runs a network of facilities in which young migrants [...]

Posted by César on December 8, 2021 on 4:00 am 1 Comment
Filed Under: imprisonment

Chronicling Arizona’s Immigration Politics

Like the California of the 1990s, Arizona is where immigration politics have clashed most fiercely in the last decade or so. In their new book Driving While Brown: Sheriff Joe Arpaio Versus the Latino Resistance, journalists Terry Greene Sterling and Jude Joffe-Block dive deeply into the changing politics of Arizona, examining Joe Arpaio’s rise to prominence and the intensity of efforts to defeat him at the ballot box. In a conversation with me, the authors will discuss the changing politics of migration in Arizona and their efforts to cover a story full of big personalities and impactful [...]

Posted by César on November 30, 2021 on 4:00 am 1 Comment
Filed Under: Uncategorized

Tracking ICE Surveillance

In less than two decades of existence, the Immigration and Customs Enforcement agency has developed a sophisticated network of digital surveillance practices that relies heavily on partners in private industry and local government. On Tuesday, November 9, Tracking ICE Surveillance brings together two advocates at the forefront of efforts to understand ICE’s use of surveillance technologies for a conversation about modern immigration policing practices: Jacinta Gonzalez, Senior Campaign Organizer at Mijente, and Nina Wang, a Policy Associate with the Center on Privacy and Technology at [...]

Posted by César on November 2, 2021 on 4:00 am Leave a Comment
Filed Under: Uncategorized

Private prison can’t pay $1/day, jury says

A federal jury in Washington sided with detainees and the state attorney general yesterday in a lawsuit claiming that private prison corporation GEO Group violated state minimum wage laws by paying detainees $1 per day to cook and clean at the Northwest ICE Processing Center in Tacoma, Washington. The verdict in two cases, Nwauzor v. The GEO Group, No. 3:17-cv-05769 (W.D. Washington September 26, 2017) and State of Washington v. GEO, No. 3:17-cv-05806 (WD Wash. October 9, 2017), now returns to the jury for it to determine the damages GEO Group owes the former detainees who are part of the [...]

Posted by César on October 28, 2021 on 11:40 am Leave a Comment
Filed Under: Uncategorized

Tort Law Comes to Immigration Advocacy

As legislative attempts to alter immigration law have failed time and again, policies under the influence of executive branch agencies have become critical features of the immigration law landscape. Along with that, litigation has challenged officials’ efforts to mold immigration policies to reflect the political priorities of the administration occupying the White House. Advocates frequently turn to constitutional claims or the strictures of congressional enactments. But a few creative lawyers are turning to much older legal doctrines to advocate on behalf of migrants. In Tort Law [...]

Posted by César on October 26, 2021 on 4:00 am Leave a Comment
Filed Under: Uncategorized

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Recent Posts

  • Mistakes aren’t reviewable, Supreme Court says
  • ICE prosecutorial discretion guidance
  • Supreme Court again considers ICE’s detention powers
  • Troubled contractor gets $180 million to hold young migrants
  • Chronicling Arizona’s Immigration Politics
  • Tracking ICE Surveillance

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