LexisNexis® Legal Newsroom
CBP Directive: Border Search of Electronic Devices (Jan. 4, 2018)

CBP, Jan. 4, 2018 - "To provide guidance and standard operating procedures for searching, reviewing, retaining, and sharing information contained in computers, tablets, removable media, disks, drives, tapes, mobile phones, cameras, music and other media players, and any other communication, electronic...

Trump Memo Sets Up 'National Vetting Center'

White House, Feb. 6, 2018 - "Border and immigration security are essential to ensuring the safety, security, and prosperity of the United States. The Federal Government must improve the manner in which executive departments and agencies (agencies) coordinate and use intelligence and other information...

CA9 on Border, First Amendment: Jacobson v. DHS

Jacobson v. DHS, Feb. 13, 2018 - Court staff summary: "The panel vacated the district court’s summary judgment, entered before any discovery occurred, and remanded in an action in which appellants challenged their exclusion from an enforcement zone set up around a Border Patrol checkpoint...

BIA on Credibility, Border & Airport Interviews: Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)

Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018) - When deciding whether to consider a border or airport interview in making a credibility determination, an Immigration Judge should assess the accuracy and reliability of the interview based on the totality of the circumstances, rather than relying...

Judge Prado's Swan Song? (Hernandez v. Mesa Dissent)

Paul W. Schmidt writes : "Judge Edward C. Prado is nor just “any” U.S. Circuit Judge. Among other things in his long and distinguished career, Judge Prado was the U.S. Attorney for the Western District of Texas during the Reagan Administration. I dealt with him on some immigration issues...

White House Memo Sends National Guard to Border

Presidential Memorandum for the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security, Apr. 4, 2018 - "...Section 1. The Secretary of Defense shall support the Department of Homeland Security in securing the southern border and taking other necessary actions to stop...

Sessions Sets 'Zero Tolerance' Policy for Illegal Entry Prosecutions on Southern Border

DOJ, Apr. 6, 2018 - "Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United...

White House Memo on 'Catch and Release'

White House, Apr. 6, 2018 - "SUBJECT: Ending “Catch and Release” at the Border of the United States and Directing Other Enhancements to Immigration Enforcement Section 1. Purpose. (a) Human smuggling operations, smuggling of drugs and other contraband, and entry of gang members and...

National Guard Posting on Mexico Border 'May Be Indefinite' - MPI Policy Beat (Apr. 25, 2018)

Muzaffar Chishti, Sarah Pierce, and Austin Rose, Apr. 25, 2018 - "Opening a new front in his campaign to crack down on illegal immigration, President Donald Trump in early April 2018 called for the deployment of up to 4,000 National Guard troops to the U.S.-Mexico border. The President seized on...

Expert: Anne Frank Analogy Appropriate to DOJ Prosecution Proposal

Stuart Anderson, May 9, 2018 - "Imagine your child faces death or enslavement at the hands of predators and all legal avenues of escape and refuge have been blocked. Would you attempt to enter another country unlawfully and seek asylum? Found hiding in an attic, Anne Frank died in the Holocaust...

Hidden Horrors of 'Zero Tolerance' - Mass Trials and Children Taken From Their Parents

Debbie Nathan, The Intercept, May 29, 2018 - "FEDERAL MAGISTRATE JUDGE Ronald G. Morgan is in his 60s, with a bright-pink face and a crisp, friendly manner — though lately he has been making disconcerting little mistakes in court. He has spent eight years on the bench in Brownsville, a small...

Report: No Evidence that Criminal Prosecution Deters Migration

Vera Institute of Justice, June 2018 - "The mass criminal prosecution and incarceration of people entering the country without authorization along the Southwest border has been acclaimed as a success in deterring others from making the same journey. Analysis by the Vera Institute of Justice and...

Federal Court: Family Separation 'Brutal, Offensive...Shocks the Conscience'

"These allegations sufficiently describe government conduct that arbitrarily tears at the sacred bond between parent and child, and is emblematic of the “exercise of power without any reasonable justification in the service of an otherwise legitimate governmental objective[.]” ... Such...

ABA President Hilarie Bass Sends Letter to DOJ, DHS Opposing Separation of Families

ABA, June 12, 2018 - "American Bar Association President Hilarie Bass sent a letter today to Attorney General Jeff Sessions and Department of Homeland Security Secretary Kirstjen Nielsen expressing the association’s strong opposition to recent actions by the Department of Justice and DHS that...

What the Bible Really Says About Immigration Policy

Their feelings hurt because many religious denominations and leaders (Franklin Graham!) have denounced family separations at the border, U.S. Attorney General Jeff Sessions and White House Press Secretary Sarah Huckabee Sanders are pushing back , citing an infamous Bible passage . In 2010 Bruce and Judy...

Here’s How You Can Help Fight Family Separation at the Border (Updated June 17, 2018)

Dahlia Lithwick, Margo Schlanger, Slate, June 17, 2018 - "If you’re horrified by news of families being separated at the borders, here’s a bit of news you can use. First, the policy: It helps to be incredibly clear on what the law is, and what has and has not changed. When Donald Trump...

Kids in Cages, Laura Bush Pushes Back, and S.3036

Begin your Monday, June 18, 2018 with these three stories: 1) "Inside an old warehouse in South Texas, hundreds of children wait in a series of cages created by metal fencing. One cage had 20 children inside." 2) "I appreciate the need to enforce and protect our international boundaries...

We Are Better Than This

Claire Thomas-Duckwitz, M.A., Ph.D., L.P., June 18, 2018 - "I visited Dilley, Texas in 2015 as part of a research team investigating practices at detention centers that housed migrants from Central America. Our study was commissioned by the Unitarian Universalist Church in order to report on and...

What separation from parents does to children: ‘The effect is catastrophic’

William Wan, Washington Post, June 18, 2018 - "This is what happens inside children when they are forcibly separated from their parents. Their heart rate goes up. Their body releases a flood of stress hormones such as cortisol and adrenaline. Those stress hormones can start killing off dendrites...

Couple raises record $4 million on Facebook to reunite immigrant families

Jessica Guynn, USA Today, June 19, 2018 - "In what is the largest single fundraiser ever on Facebook, a Silicon Valley couple has drummed up millions of dollars from tens of thousands of people to reunite immigrant parents with their children. As of Tuesday morning, over 97,000 people had contributed...

Babies Behind Bars: Child Abuse Now Government Policy Under Trump, Sessions, Nielsen

Steve Turnham, ABC News, June 18, 2018 - "There’s a vivid term mental health experts use to describe the destruction of the love of life in another human being, especially in a child: It's called “soul murder.” It can happen as a result of physical abuse, they say, but just...

Expert: Family Separation at Border Unlikely to Deter Central American Asylum Seekers

Tana Ganeva, Raw Story, June 19, 2018 - "Immigration experts point out that in addition to being inhumane, the policy is not likely to be effective because unlike Homan’s contention that the parents are choosing poorly, many don’t have much choice when it comes to fleeing their home...

A Backgrounder on the Flores Agreement

Women's Refugee Commission, June 15, 2018 - The Flores Settlement & Family Separation at the Border

Handcuffs, assaults, and drugs called 'vitamins': Children allege grave abuse at migrant detention facilities

Blake Ellis, Melanie Hicken, and Bob Ortega, CNN, June 21, 2018 - "A year before the Trump administration's "zero-tolerance" policy resulted in more than 2,300 children being separated from their families at the border in a mere five-week period, a ninth-grader in McAllen, Texas, was...

Who’s Really Crossing the U.S. Border, and Why They’re Coming

Stephanie Leutert, Lawfare, June 23, 2018 - "Over the past week, the separation of 2,000 children from their parents along the U.S. border has forced immigration into the national spotlight. President Trump, who initiated the separations and then sought to quash criticism with a muddled executive...