Federal Courts/Jurisdiction
How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?
A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human needs.” This includes providing beds, blankets, food, water, personal hygiene, and medical care. Federal Judge Bury determined the… Read More
These Humanitarian Aid Workers’ Convictions Were Overturned. Here’s How It Sets Precedent for Future Protection.
A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and suffering for people crossing the U.S.-Mexico border. In the summer of 2017, the… Read More
USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court
A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is defined by law as any time a foreign national spends in the United States after… Read More
Judge Allows Certain Family Separations at the Border to Continue
The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit challenging continued separations at the border. Although the judge ordered an end to most family separations in 2018, he has… Read More
Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional
A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones, laptops, and other electronic devices without reasonable suspicion are unconstitutional. The policies that the court rejected authorized CBP… Read More
In Historic Ruling, Thousands of Immigrants Waiting for Their Immigration Records Can Now Challenge Agency Delay
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) have a system-wide practice of failing to… Read More
Which Immigration Cases Will the Supreme Court Rule on This Session?
The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the Deferred Action for Childhood Arrivals (DACA) initiative, the highly-criticized killing of a young boy in Mexico… Read More
Agency Delay Litigation: Opposing a Motion to Dismiss
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response. Read More
Federal Judge Says DHS Must Keep Its Promise to Protect Children in Immigration Detention
A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration detention. The changes to the settlement would have allowed the administration to hold immigrant children and their parents indefinitely in jail-like settings. Federal Judge… Read More
Federal Judge Blocks the Expansion of Fast-Track Deportation Program, Expedited Removal
A federal judge blocked the expansion of a fast-track deportation program, known as “expedited removal,” minutes before the government said it would begin implementing its expansion on September 28, 2019. Expedited removal allows the government to deport certain people without basic legal protections. Those who are… Read More
America's story is an immigrant story.
