Resources

ICE Violates the Fourth Amendment When It Detains People Without Probable Cause, Court Rules

By | In the News

ICE Violates the Fourth Amendment When It Detains People Without Probable Cause, Court Rules  

Kate Goettel, Immigration Impact (September 18, 2020) 

The Ninth Circuit Court of Appeals recently issued an opinion on Gonzalez v. ICE, indicating that the wrongful detention of individuals suspected of being non-citizens violates the Fourth Amendment. Much of this violation stems from ICE’s use of error-ridden fingerprint databases, leading them to issue detainers without neutral evaluation.

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3 Reasons Why Cities Should Not Sign 287(g) Agreements With ICE

By | In the News

3 Reasons Why Cities Should Not Sign 287(g) Agreements With ICE  

Melissa Cruz, Immigration Impact (September 21, 2020) 

Since 2006 the 287 (g) program has allowed state and local police departments to collaborate with the Department of Homeland Security (DHS), deputizing law enforcement to perform the functions of federal immigration agents. In response to the announcement that the Florida Department of Corrections (FDC) had signed on to this agreement, many argue that its implementation has led to civil rights violations cautioning other cities to avoid the program.

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How COVID-19 Has Impacted the Search for Separated Families

By | In the News

How COVID-19 Has Impacted the Search for Separated Families  

Michelle Wiley & Adriana Morga, KQED (September 21, 2020) 

Despite the halting of the “zero tolerance” policy that separated families, poor recordkeeping has resulted in an ongoing search to reunite families. This task has been only further exacerbated during the coronavirus pandemic. The migrant rights organization Justice in Motion has made it a part of their mission to locate parents in this continually challenging climate where “every minute counts.”

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Seeking Special Immigrant Juvenile Status in Removal Proceedings

By | Opportunities

Seeking Special Immigrant Juvenile Status in Removal Proceedings 

Immigrant Legal Resource Center (October 27, 2020) 

Designed for those with a familiarity with Special Immigrant Juvenile Status (SIJS), this webinar provides updates on this immigration classification and strategies for applying for this status on behalf of minors in the process of removal proceedings.

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Understanding Retroactivity in Immigration Matters

By | Opportunities

Understanding Retroactivity in Immigration Matters  

CLINIC (October 14, 2020) 

Considering the Trump administration’s continuous executive actions regarding immigration matters, professionals must become familiar with administrative laws impacting immigration policy. As such, this webinar will cover issues concerning retroactivity in law and its impact on agency interests.

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Public Charge Updates

By | Opportunities

Public Charge Updates 

Immigrant Legal Resource Center (October 6, 2020) 

Staying abreast of the public charge rule changes is essential amidst the news that the Trump administration plans to reimpose it nationwide. Public charge will be examined in this webinar, including important policy updates, COVID-19’s impact on implementation, and case preparation strategies.   

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Practice Advisory on Filing DACA Applications

By | Highlighted Resources, Immigration Relief, Legal Professionals, Legal/Law, Practice

Practice Advisory on Filing DACA Applications

CLINIC (August 24, 2020)

CLINIC has updated its DACA advisory to reflect memos and changes from the Department of Homeland Security as well as the United State Citizenship and Immigration Services. These changes include USCIS’ rejection of renewal requests that are more than 150 days from current expiration of status and that a travel document may be considered.

CARES Act Leaves Out U.S. Citizens Married to Immigrants

By | In the News

CARES Act Leaves Out U.S. Citizens Married to Immigrants

Tim Padgett, NPR (August 23, 2020)

More than 2,000,000 U.S. Citizens have been excluded from receiving CARES Act stimulus checks due to a new rule imposed by Trump that restricts any citizen married to someone with immigrant status. Marco Rubio has proposed to overturn this rule and establish a new one specifying all U.S. citizens may receive funding regardless of to whom they are married.

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Who Gets Asylum? Even Before Trump, System was Riddled with Bias and Disparities

By | In the News

Who Gets Asylum? Even Before Trump, System was Riddled with Bias and Disparities

Katie Morrissey & Lauryn Schroeder, San Diego Union Tribune (August 23, 2020)

While Trump has diligently endeavored to dismantle the asylum system within the United States, Morrissey and Schroeder point out the inherent flaws in the system long before Trump was elected. Notably, issues of location greatly influence someone’s access to legal representation and chance of gaining asylum based on a judge’s past record. Furthermore, issues of bias against countries and widely diverse interpretations of ‘special groups’ greatly affect someone’s chance of getting asylum. Only about 19% of asylum applicants have achieved asylum.

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Trump Cabinet Officials Voted in 2018 White House Meeting to Separate Migrant Children, Say Officials

By | In the News

Trump Cabinet Officials Voted in 2018 White House Meeting to Separate Migrant Children, Say Officials

Julia Ainsley & Jacob Soboroff, NBC News (August 20, 2020)

Members of a meeting held in 2018 come forward about Stephen Miller’s pressure on the Department of Homeland Security to implement family separation policy as an intentional deterrent for migration to the United States. Before then, DHS had refrained from separating family members since the system could not process individual cases effectively. 11 members held the policy to a vote where the majority decided to begin family separation at the border.

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California Picks Up Fight Over DACA Restrictions Again

By | In the News

California Picks Up Fight Over DACA Restrictions Again

Vanessa Romo, NPR (August 18, 2020)

Attorney General Xavier Becerra will challenge Trump’s latest attempts to dismantle DACA. While a judge in June required DHS to begin processing DACA applications as they were before September 2017, Trump laid out a new set of rules that limits the relief option for young people. The new plans prevent any new DACA applications and decreases its duration to one year from two.

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ICE Isn’t Freeing Migrant Kids Despite Order, Flores Attys Say

By | In the News

ICE Isn’t Freeing Migrant Kids Despite Order, Flores Attys Say

Lauren Berg, Law 360 (August 17, 2020)

Attorneys representing children in ICE detention centers petitioned Judge Gee to enforce ICE to release children. Advocates claim that ICE has not explained rights to parents about releasing their children to a relative’s custody outside of detention. Gee admonished ICE as she granted them another month to abide by her order for the immediate release of children in detention centers under Flores Settlement guidelines.

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A Private Security Company Is Detaining Migrant Children at Hotels

By | In the News
Caitlin Dickerson, New York Times (August 16, 2020)

Trump’s COVID-era policy to immediately expel families and children crossing the border have led to immigration agencies contracting transportation companies such as MVM to detain people at hotels while they wait their expulsion. This policy and practice raises concerns over proper legal protection for children in custody.

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The Invisible Wall: Policies that Threaten Immigrant Families

By | Deportation, Detention, Family Separation, Federal Policy, Highlighted Resources, ICE, Immigration Enforcement, Immigration Relief, Law & Policy, Law/Policy Highlight, Legal/Law

The Invisible Wall: Policies that Threaten Immigrant Families

Protecting Immigrant Families (August 14, 2020)

This resource reviews the litany of polices Trump’s administration has executed to decrease immigration to the United States. It details if the policy has been proposed, is in litigation, and its potential finality.

A Year After Mississippi ICE Raids, Chicken Plants Face Few Penalties as Families Suffer

By | In the News

A Year After Mississippi ICE Raids, Chicken Plants Face Few Penalties as Families Suffer

 (August 7, 2020)

In August 2019, ICE raided a chicken plant and arrested over 680 employees. At the time, U.S. attorney, Mike Hurst, made clear that employers would not escape charges for illegal hiring practices of immigrants without proper authorization. However, more than a year later, charges have only been linked to two managers while hundreds of family members face grave consequences such as deportation.

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Court Sides with Trump Administration Effort to Impose ‘Public Charge’ Rule

By | In the News

Court sides with Trump administration effort to impose ‘public charge’ rule

Ann E. Marimow, Washington Post (August 6, 2020)

The most recent ruling from a federal appeals court decided Trump’s ‘public charge’ policy was legal. This reverses the previous ruling from a lower-court that established an injunction against Trump’s order. Another appeals court, however, did not approve of the policy. Trump’s ‘public charge’ rule will remain blocked throughout the duration of the national health emergency in place due to the pandemic as it currently stands.

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