In a 105-page order, a federal judge in Texas granted a preliminary injunction yesterday blocking the Biden administration from implementing a 100-day deportation pause. The same court previously blocked the pause by issuing a temporary restraining order. The injunction is effective immediately and applies nationwide. As a result, I expect to see the administration turn to the U.S. Court of Appeals for the Fifth Circuit soon. The first 20 pages of the opinion read like someone’s notes about how immigration law works. Entire sentences are devoted to such claims as “ICE is an agency within [...]
The Great Writ’s Elusive Promise
By Mary Holper In two recent cases, Reid v. Donelan and Brito v. Barr, a federal court in Massachusetts limited ICE’s power to detain people. But by requiring detained immigrants to file habeas corpus petitions to get a bond hearing in immigration court, Chief Judge Saris of the District Court for the District of Massachusetts undercut the strength of her own clear-sighted analysis. Reid and Brito are both class actions challenging immigration detention. For Reid class members, they must file a habeas corpus petition arguing that their detention under a 1996 mandatory detention statute, [...]
Family Separation and Reunification
By Anita Ortiz Maddali There has been widespread public outcry following the administration’s “Zero Tolerance” policy, which called for criminal prosecution of parents crossing the border without proper documentation and forced separation from their children. The President recently issued an Executive Order ending the separation policy. Now, parents will be detained with their children. But what about the 2000 plus children who have already been separated because of the zero tolerance policy? How will they be reunited with their parents? Initially, and, understandably, from an outside [...]
Trump’s family separation & detention executive order
Responding to the outcry over his administration’s policy of separating migrant families, President Trump signed an executive order today ostensibly limiting separation while simultaneously expanding family detention. The executive order explicitly links the alternative nightmares of family separation and detention. The executive order purports to end the family separation policy. Indeed, it claims that the administration’s policy is to “maintain family unity, including by detaining families.” To do that, the president ordered DHS to “maintain custody of alien families during the pendency [...]
Immigration crime cases fill federal courts in 2017
Immigration crime has become a common feature of federal court dockets across the United States. I previously wrote that in fiscal year 2016 there were 68,314 defendants prosecuted for federal immigration crimes (see similar accounts of 2012 and 2010). Approximately 10,000 fewer defendants had their cases disposed of in the 2017 fiscal year, which might explain a small drop in immigration-related imprisonment, but the overall trend as similar. In the fiscal year that began under President Obama and ended under President Trump, there were more defendants prosecuted for immigration crimes before [...]
Justice Department takes swipe at California
On Tuesday, the Justice Department sued California claiming parts of three new state laws intended to protect immigrants violate the United States Constitution. This next step in the Trump administration’s hardline immigration enforcement practices isn’t a surprise. On the contrary, the ongoing dispute between federal officials and the country’s most populous and economically productive state has been leading in this direction for at least fourteen months. Now that the complaint has been filed, the irony of the Trump administration’s main legal claim is remarkable. The thrust of the Justice [...]
Immigration crime cases in the 1970s
Since the last years of the second term of President George W. Bush, immigration crime prosecutions have dominated the national picture of criminal dockets in the federal district courts. In 2016, for example, I previously reported about a staggering 68,314 immigration crime cases disposed of that year. No other category of offense even came close. The second most prosecuted category of offense that year, drug crimes, numbered less than 24,000 prosecutions. It hasn’t always been this way. Traditionally, prosecutors didn’t seek criminal penalties for people who violated immigration law. At [...]
Harboring prosecutions are rare, but attorney general wants more
Earlier this month, federal prosecutors in Arizona brought criminal charges against a local activist who devotes his free time to helping migrants survive the deadly desert route northward. Scott Daniel Warren, prosecutors allege in a complaint accusing him of violating a federal law against harboring migrants, provided two people with “food, water, beds, and clean clothes” for three days. Attorney General Jeff Sessions has been a vocal proponent of deploying the Justice Department’s extensive resources against migrants. In a April 2017, he urged prosecutors to ramp up criminal charges for [...]
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