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Bring Justice to Immigration Courts (Because Deportation is Different) - Angelo Paparelli

"Because of the legal charade that removal proceedings are "civil" and not "criminal" in nature , that deportation is not "punishment," foreign citizens whose immigration status is challenged at a removal hearing before an immigration judge enjoy no such rights...

When Will Gideon's Trumpet Blow in Immigration Court?

"Fifty years ago, the Supreme Court decided Gideon v. Wainwright, the landmark case that constitutionally guaranteed counsel to defendants in criminal cases in the United States. Together with the Court’s decision three years later in Miranda v. Arizona, the decision radically transformed...

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

"There is a growing consensus that our immigration system is broken. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations tear families apart. While much energy is now focused on addressing these problems, one issue that is frequently...

Wa. Ethics Rule Bars Mention of Immigration Status for Coercive Purpose in Civil Cases

"Mentioning an individual's immigration status in court might not seem all that intimidating to a U.S. citizen. But it can deter someone who is undocumented from pursuing a civil claim, or improperly influence a jury, the Washington Supreme Court says. It clarified an existing state rule of...

The Unethical Use of Immigration Status in Civil Matters

"[T]he Washington Supreme Court unanimously adopted a formal Comment to RPC 4.4(a) to provide guidance on the use of immigration status in civil matters. The comment became effective on Sept. 1, 2013. The comment notes that “[i]ssues involving immigration status carry a significant danger...

Immigration Courts a Legal Paradox: Geoffrey Hoffman

"Many of the paradoxes so ingrained in immigration adjudication can be traced to the central presupposition that removal is a civil versus a criminal proceeding. This largely unquestioned assumption has served to insulate removal proceedings from the important constitutional protections widely guaranteed...

TRAC: Civil Immigration Offenses Account for 80% of Immigration Court Deportation Orders

"Immigration Court judges have ordered 82,878 individuals deported so far this fiscal year, according to the latest data as of the end of August. But in only 16,375 of these cases, about one out of every five, had the government sought the removal order because of criminal or other activity that...