LexisNexis® Legal Newsroom
ACLU / NWIRP Joint Practice Advisory: Conditional Parole

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed its brief with the BIA. There, DHS concedes that...

DOJ to Court Watchers: 'Move Along, Nothing to See Here'

"The Justice Department said Thursday that it will block video recordings of next month’s closing arguments in a Seattle court case that addresses the rights of child migrants to legal counsel in deportation proceedings. A DOJ spokesperson said the prohibition is only intended to protect the...

Court Enjoins 'Deterrence' Theory on Immigration Court Bonds for Refugee Moms, Kids

"A federal court today granted a preliminary injunction putting an immediate halt to the Obama administration's policy of locking up asylum-seeking mothers and children as a way to deter others from coming to the United States. The American Civil Liberties Union filed the case on behalf of...

Families Separated By Coercive Immigration Practices May Be Reunited in U.S.

"Hundreds, if not thousands, of noncitizens who signed “voluntary return” forms in Southern California and were expelled to Mexico will be given the opportunity to apply to return to the United States and seek legal status, a United States district court ordered today. Judge John A....

ACLU Letter: J.E.F.M. v. Holder Status Update (Mar. 27, 2015)

"We write to update you on the status of J.E.F.M. v. Holder, 14-cv-01026-TSZ (W.D. Wash.), our case seeking legal representation for children in immigration proceedings, and to inform you of developments in the case that may be helpful to children who are currently unrepresented in immigration court...

Updated Rivera v. Holder Practice Advisory (Release on Conditional Parole; Alternative to Monetary Bond)

(Current as of May 1, 2015) - Immigration Judges’ Authority to Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond " This advisory discusses the recent decision in Rivera v. Holder, --- F.R.D. ----, [2015 U.S. Dist. LEXIS 48370] (W...

Judge Appoints Monitor in Franco v. Holder

ACLU, March 2015 - " Franco v. Holder is a class action lawsuit on behalf of hundreds of immigration detainees in California, Arizona, and Washington who suffer from severe mental disabilities. The Obama administration has refused to provide an attorney, the most fundamental of legal protections...

Class Action Challenges Tucson Border Patrol Detention Practices

"Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for extended periods of time in violation of the U.S. Constitution, a group of legal organizations allege in a class-action lawsuit filed Monday. The class-action suit, which was filed on behalf...

ICE Releases a Handful of Refugees from Texas Lockups

"With pressure building on the Obama administration to improve or abolish the detention of immigrant families, officials have agreed to release on bond at least half a dozen immigrant mothers, some of whom had sued the federal government for relief. The women now eligible for bond had previous...

CA1 on ICE Detention of American Citizens: Morales v. Chadbourne

"]W]e agree with Morales that the law was clearly established in 2009 that, under the Fourth Amendment, an ICE agent required probable cause to issue an immigration detainer. We, therefore, affirm the district court's denial of qualified immunity on Morales's Fourth Amendment claim against...

ICE, Nashville Cops Settle Warrantless Immigration Raid Lawsuit: Escobar v. Gaines

"The American Civil Liberties Union announced a settlement in a federal lawsuit filed on behalf of victims of a warrantless raid in Nashville, Tennessee, by U.S. Immigration and Customs Enforcement agents and Metropolitan Nashville Police Department officers. ICE and MNPD agreed to pay $310,000...

Notice of Proposed Settlement & Hearing in 'Reasonable Fear Determination' Class Action: Alfaro Garcia v. Johnson

NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION INVOLVING DETAINED NON-CITIZENS WHO ARE AWAITING A “REASONABLE FEAR DETERMINATION” ALFARO GARCIA, ET AL. V. JOHNSON, ET AL., Case No. 4:14-cv-01775-YGR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA...

Immigrants with Mental Disabilities May Reopen Deportation Cases: Franco-Gonzalez v. Holder

ACLU So. Cal., Sept. 25, 2015 - "Hundreds of immigrants with mental disabilities who were ordered deported after being forced to represent themselves in court may be able to return to the U.S. under terms of a settlement approved today in a landmark class action lawsuit. U.S. District Court Judge...

Record of Abuse: Lawlessness and Impunity in Border Patrol's Interior Enforcement Operations

ACLU, Oct. 15, 2015 - " Government records obtained by the ACLU shed new light on Border Patrol’s vast interior enforcement operations, most of which occur far from any international border. Though Border Patrol says these operations are “safe, efficient, and cost-effective,” the...

With few lawyers, child migrants fight alone in court to stay in the U.S.

Ivette Feliciano, PBS Newshour, Nov. 8, 2015 - "Unlike criminal court, in immigration court, the federal government is not required to provide lawyers to defendants who cannot afford them — not even unaccompanied minors like Jessica. But whether or not they have a lawyer makes a big difference...

ACLU Practice Advisory: Representing Immigrant Children Following Release from Border Patrol Custody

ACLU, Nov. 2015 - "This practice advisory provides a guide for attorneys working with immigrant children who have previously been detained by U.S. immigration officials and placed in removal proceedings."

10 Shots Across the Border

Mark Binelli, New York Times Magazine, Mar. 3, 2016 - "The subject who was hit was ... a 16-year-old resident of Nogales, Mexico, named José Antonio Elena Rodríguez, who was on the Mexican side of the border. He had been shot 10 times from behind; an autopsy later revealed that gunshot...

DOJ: Giving Toddlers Lawyers in Immigration Court Would 'Destroy the Framework' of System

June Williams, Courthouse News, Mar. 24, 2016 - "A government attorney told a federal judge Thursday that appointing attorneys for all children facing deportation would "destroy the framework of the immigration system." The Justice Department and the American Civil Liberties Union battled...

Class Action Challenges DOJ/DHS Bond Policies in Immigration Court Cases: Hernandez v. Lynch

ACLU, Apr. 6, 2016 - "The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants’ financial resources or ability to pay, according to a class action lawsuit filed today . The suit, filed by the ACLU Foundation of Southern...

Class Action Habeas Challenges Detention of Immigrants: Muzaliwa v. Brott

ACLU, April 12, 2016 - "The American Civil Liberties Union of Minnesota, the University of Minnesota Law School's Center for New Americans, and Dorsey & Whitney filed a class action lawsuit challenging the U.S. Immigration and Customs Enforcement (ICE) practice of continuing to detain immigrants...

Immigration Class Action Settlement: Lyon v. ICE

ACLU, June 14, 2016 - "In a first of its kind class action settlement , the U.S. Immigration and Customs Enforcement agency (ICE) has agreed to change its policies in four Northern California detention centers, ending severe restrictions on telephone use that make placing outgoing calls nearly impossible...

'Discharged, Then Discarded' - U.S. Has Failed Deported Vets

ACLU, July 6, 2016 - "The federal government’s failure to help naturalize immigrants serving in the U.S. military has led to the deportation of untold numbers of veterans, all of whom were entitled to become citizens because of their service, according to a report released today by the ACLU...

CBP Pays $475K to Settle Suit Over Illegal Cavity Search of American Citizen at Border

ACLU, July 21, 2016 - "Today, the ACLU of Texas and the ACLU of New Mexico announced a record settlement in which U.S. Customs and Border Protection (CBP) paid a New Mexico woman $475,000 for illegally subjecting her to vaginal and anal searches after she was detained at the Cordova Bridge point...

Advocate for Immigrants Named 2016 MacArthur Fellow - Ahilan Arulanantham

MacArthur Foundation, Sept. 21, 2016 - Ahilan Arulanantham, Human Rights Lawyer , Director of Advocacy and Legal Director, American Civil Liberties Union of Southern California, Los Angeles, California "Ahilan Arulanantham is an attorney working to secure the right to due process for individuals...

Federal Judge Orders U.S. to Reform Immigration Bond Practice - Hernandez v. Lynch

ACLU, Nov. 11, 2016 - "A federal judge has issued a preliminary injunction ordering U.S. officials to implement substantial reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. The ruling, issued late Thursday by Judge Jesus...