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Detention & Due Process in S. 744: The NYC Bar Speaks Out, Part 2

Mark Noferi Yesterday, I highlighted the New York City Bar Association immigration committee’s advocacy for universal appointed counsel in immigration proceedings, as well as City Bar’s analysis of Senate Judiciary Committee amendments that would roll back the limited right provided by S. 744. (City Bar’s April 24 letter supporting appointed counsel is available here, and its statement here). Today, I’ll highlight City Bar’s advocacy for reduced detention, and its analysis of amendments that, similarly, roll back the advances provided by S. 744. (City Bar’s second letter supporting [...]

Posted by César on May 15, 2013 on 9:00 am 37 Comments
Filed Under: bond, burden, commentaries, Congress, guest blogger, mandatory detention, proposed legislation, right to counsel

Appointed Counsel & Due Process in S. 744: The NYC Bar Speaks Out

Mark Noferi First, I’d like to thank Cesar for allowing me to guest blog this week. It’s been great to be involved as crImmigration has grown into the Internet’s most thoughtful analysis of crime and immigration issues. (You can also read my prior crImmigration posts on American Bar Association civil immigration detention standards, Moncrieffe v. Holder, and S. 744’s appointed counsel and detention provisions). Today, I’ll start by summarizing recent amendments to appointed counsel and due process provisions in S. 744—largely under the radar in the reform debate (though I recently addressed [...]

Posted by César on May 14, 2013 on 9:00 am 29 Comments
Filed Under: commentaries, Congress, guest blogger, proposed legislation, right to counsel

CrImmigration provisions of immigration bill

The bipartisan immigration bill released on Wednesday, titled the “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013,” contains a number of crImmigration provisions, with a heavy emphasis on border policing strategies. Most of these are nothing new; rather, they’re expansions of existing attempts to regulate clandestine immigration. Significant changes, however, do come in the resources that the bill would provide to noncitizens facing removal and the immigration courts that adjudicate their cases. Based on a preliminary reading of the proposed law, I’ve [...]

Posted by César on April 18, 2013 on 9:00 am 46 Comments
Filed Under: commentaries, proposed legislation

Appointed counsel, Detention, Bond, & Stipulated Removal Provisions of Senate Bill

By Mark Noferi Here is a summary of the appointed counsel, detention, bond, and stipulated removal provisions in the new Gang of Eight bill. (The 844-pg bill is available here). Appointed Counsel The bill essentially provides for appointed counsel to unaccompanied minors, the mentally disabled, or those “particularly vulnerable when compared to other aliens in removal proceedings.” See Sec. 3502(c), “Improving Immigration Court Efficiency and Reducing Costs By Increasing Access To Legal Information,” at bill p. 567 et. seq. (providing changes to 8 USC 1362, the current statutory right to [...]

Posted by César on April 17, 2013 on 3:38 pm 82 Comments
Filed Under: guest blogger, proposed legislation

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