Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
State Department, May 30, 2023 "Document Submission to KCC suspended for DV-2024 and onward. Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, selectees...
In this document , provided by a "veteran immigration practitioner," ICE claims that its attorneys need not be present in every case in Immigration Court. Read more at PWS's latest post ...
This document is scheduled to be published in the Federal Register on 06/01/2023 "This final rule (TFR) temporarily amends Department of State (Department) regulations to provide that Afghan nationals...
David L. Cleveland, May 29, 2023 "US-CIS, in response to a FOIA lawsuit by the Louise Trauma Center, released 109 pages of training materials, dated December 2019, that it gave to its asylum officers...
"Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court’s instruction that detention’s civil or penal character turns on legislative intent and, buttressed by theoretical understandings of punishment, contends that immigration detention - apart from the deportation that often results - itself constitutes penal incarceration. In particular, legislation enacted over roughly fifteen years in the 1980s and 1990s indicates a palpable desire to wield immigration detention as a tool in fighting the nation’s burgeoning war on drugs by penalizing and stigmatizing criminal behavior. Indeed, the modern immigration detention system has accomplished the U.S. Congress’s punitive goal: Immigration detention is a severely unpleasant experience and immigration detainees are viewed as dangerous. In order to remain true to the Court’s guidance to draw formal boundaries between civil and penal confinement, the current immigration detention regime should be conceptualized as punishment. This Article contends that the constitutional limitations imposed by criminal procedure are ill-equipped to address immigration detention. Instead, policymakers should learn from the nation’s failed experience with mass penal incarceration - and step back from immigration detention’s punitive origins to create a truly civil immigration detention system." - César Cuauhtémoc García Hernández, 61 UCLA L. Rev. 1346 (2014).
- César Cuauhtémoc García Hernández