Asylum and Its Discontents in the United States
The Trump Administration has implemented a new rule to reduce due process protections and make it easier to deport certain aliens who are in the United States unlawfully. Given its questionable legality, clumsy roll-out, and lack of notice, we can expect the new rule–which expands the use of “expedited removal”–to be challenged in court, and … Read more
My colleague Ruth Dickey recently accompanied one of our clients to an interview with the ICE Counter-Terrorism Unit, after the client was ordered to report for questioning. She writes about her experience here: ICE has been in the news lately for its role in apprehending migrants, detaining parents, and increasing deportations. For the public, the agency has become … Read more
Dr. Jill Stein is the Green Party’s presumptive nominee for President of the United States. In a recent appearance on Democracy Now!, she argued that there was little difference between Hillary Clinton and Donald Trump: Trump says very scary things—deporting immigrants, massive militarism and, you know, ignoring the climate. Well, Hillary, unfortunately, has a track record … Read more
Since the surge of asylum seekers arriving at our Southern border began in 2013, the number of people held in family detention has increased dramatically. Men, women (including pregnant women), children, and infants are kept in secure facilities—jails—while their asylum cases are adjudicated. There have been plenty of issues at these facilities: Allegations of physical, … Read more
In a recent press conference, the dynamic duo of Congressman Steve King and rich guy Donald Trump made some pretty frightening claims about the young people who have lately been arriving at our Southern border. Mr. King told the audience that America is becoming “a third-world country” because of “the things that are coming at us from across … Read more
Michael “Dan” Mori is a former Marine Corp attorney who gained fame defending Guantanamo Bay detainee David Hicks, an Australian national captured by the Americans in Afghanistan. With Mr. Mori’s help, Mr. Hicks accepted a favorable Alfred plea (basically meaning that he did not admit guilt, but agreed that there was enough evidence to convict him). … Read more
CIVIC–Community Initiatives for Visiting Immigrants in Confinement–is an organization that works to “end the isolation and abuse of men and women in U.S. immigration detention by building and strengthening volunteer-run community visitation programs.” The idea is that if ordinary people visit detained immigrants, the immigrants will feel more connected and more hopeful, and the detention facilities (many … Read more
The recent case of a Jamaican asylum seeker who was held in detention for over a year prior to trial because he was unable to communicate with the Immigration Judge illustrates why appointing attorneys to aliens may be more cost-effective in certain cases. Derrick Cotterel came to the U.S. 10 years ago. After being arrested … Read more
I periodically complain about the ongoing failure of the Board of Immigration Appeals to provide guidance to Immigration Judges. But the Board’s latest decision makes me think I should be more careful what I wish for. In Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011), the BIA held that, until an arrested alien … Read more
I wrote recently about the ongoing insubordination at ICE. The most recent flare up involves a dispute over a new memo, Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens. The memo basically prioritizes who should be deported and directs ICE to target … Read more