A Letter to a Senator

"When Astrid Silva wrote her first letters to Harry Reid, the Senate majority leader, she never really expected that he, or anyone else, would read the folded notes she slipped to the Nevada senator as he campaigned in the state she called home. But in a way, it didn't matter. The words,...

D. Mass. on Detention, Reasonableness, Six-Month Rule: Reid v. Donelan

"To comply with the constitution’s due process requirement, § 1226(c) must be read to include a “reasonableness” limit on the length of time an individual can be detained without an individualized bond hearing. ... Under the six-month approach, the analysis in this case is...

Class Action Victory in Mass. 236(c) Litigation: Reid v. Donelan

Michael J. Wishnie , William O. Douglas Clinical Professor of Law and Deputy Dean for Experiential Education, Yale Law School, writes: "Yesterday afternoon, Judge Ponsor (D.Mass.) certified a class defined as: "All individuals who are or will be detained within the Commonwealth of Massachusetts...

Federal Court Slaps ICE, Grants Class Action

"Since he was taken into custody in November 2012 by immigration agents, New Havener Mark Reid has been fighting for his release. As of this week, dozens of other detainees can join his fight. Reid, who’s 49, will be the lead plaintiff on a class action lawsuit brought by people held...

Yale Law Worker & Immigration Rights Advocacy Clinic Lands One-Two Punch

On Tuesday, Feb. 25, 2014, Mark Reid walked free . The next day, ICE caved on a detainer lawsuit . What next for Michael Wishnie and his students?

Federal Judge Declares ICE’s Nationwide Shackling Policy Unconstitutional

"U.S. Judge Michael Ponsor declared the government’s nationwide policy of shackling detainees during immigration court proceedings unconstitutional, calling it an affront to a person’s dignity. Even the safety considerations cited by the government did not provide it with “unlimited...

Indefinite Detention Class-Action Injunction: Reid v. Donelan

"The court, reaffirming its view that § 1226(c) includes a six-month “reasonableness” limitation on the length of no-bail detention, will formally award the class judgment as a matter of law. ... [B]ecause the court possesses jurisdiction to issue class-wide equitable relief and...