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FOIA Suits Seeking DHS Access to Counsel Records

American Immigration Council v. DHS and USCIS , No. 1:11-cv-01971 (D.D.C. filed Nov. 8, 2011) and American Immigration Council v. DHS and CBP , No. 1:11-cv-01972 (D.D.C. filed Nov. 8, 2011) "The LAC filed two lawsuits against DHS to compel the release of records relating to noncitizens’...

Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel

"On May 31, 2012, in an effort to improve access to counsel before CBP, ICE and USCIS, the LAC and Penn State Law’s Center for Immigrants’ Rights released the report, Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel . The report describes restrictions on...

New FOIA Lawsuit: AIC v. DHS & ICE (access to counsel)

"ICE’s policies and guidance on access to counsel are difficult to ascertain. As a result, they are a source of great confusion for immigration lawyers, their clients, and the general public. To clarify these policies, the American Immigration Council submitted a Freedom of Information Act...

Access to Counsel and the Political Geography of Immigration Detention - Rendition Into the Archipelago

"Among the more striking comments at the event convened last week in New Orleans by Human Rights First, Dialogues on Detention: Lessons from Criminal Justice Reform for Immigration Detention , were those by Louisiana State University Law School Professor Ken Mayeaux, who directs the school’s...

FOIA Victory in D.C. - American Immigration Council v. ICE

"Plaintiff American Immigration Council brought this action under the Freedom of Information Act seeking records on immigrants' access to legal counsel during their interactions with U.S. Immigration and Customs Enforcement authorities. Defendant ICE (a component of the Department of Homeland...

DHS Still Stalling on Access to Counsel FOIA Response: AIC v. DHS

"This dispute started with a Freedom of Information Act request by the American Immigration Council, an immigration law and policy group, seeking information about individuals’ access to counsel during their interactions with Immigration and Customs Enforcement. After the government repeatedly...

CBP Restrictions on Access to Counsel: American Immigration Council

"Over the last several years, AILA members have consistently reported that U.S. Customs and Border Protection (CBP) officers routinely stymie their efforts to provide legal representation to clients during CBP encounters, often without a clear explanation of the policies underlying the decision...

$82K in Attorney's Fees Awarded to AIC in FOIA Lawsuit: AIC v. DHS

"A D.C. federal judge on Tuesday awarded the American Immigration Council about $80,000 in attorneys’ fees after it prevailed in its bid to get the Department of Homeland Security to turn over information about noncitizens' access to counsel during their interactions with federal immigration...

Cuban Asylum-Seekers Held at Gitmo Denied Access to Counsel

Carolina Bolado, Law360, July 8, 2016 - "A Florida federal judge ruled Friday that a group of Cubans seeking entry into the U.S. after being apprehended on a lighthouse off the Florida Keys won't be granted access to counsel during the course of their legal proceedings because they are not being...

Access to Counsel in Immigration Court: Special Report

Ingrid Eagly, Steve Shafer, Sept. 28, 2016 - "This report presents the results of the first national study of access to counsel in U.S. immigration courts. Drawing on data from over 1.2 million deportation cases decided between 2007 and 2012, the report provides much-needed information about the...