Immigration Courts
Miranda-like Warning for Immigrants Argued in Ninth Circuit
Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware… Read More
New York City Pilots Free Legal Representation in Immigration Court
In criminal courts throughout the United States, the government provides defendants who cannot afford an attorney with a free public defender. In immigration courts, which are not part of the criminal court system, immigrants who are unable to hire a private attorney and cannot find a free legal service provider are forced to face off on their own against trained government attorneys. Individuals facing deportation had no legal representation in about 44% of the cases the immigration courts ruled on in 2012 – more than 126,000 cases in one year. But a new program in a New York City immigration court could change this system – for a limited number of indigent, detained immigrants, a pilot “public defender” program is providing free representation in immigration court. Read More
Three Ways Congressional Inaction on Immigration is Hurting Children
Last week, First Focus released a new report, “The Cost of Inaction: Why Children Can’t Wait for Immigration Reform.” The report highlights the particularly vulnerable position children are placed in within our broken immigration system. Read More
Immigrants Deserve Basic Miranda-Like Warnings When Arrested
As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court explained that providing these warnings prior to police questioning ensures that criminal suspects are aware of their rights and therefore are better protected against the intimidation inherent in police interrogations. Read More
New Report Shows That Border Benchmarks Already Have Been Met
As the components of what should be included in an immigration reform bill take shape, border security, along with enforcement, is proving to be a key part of the framework. Eight senators released a bipartisan proposal earlier this week that included a path to citizenship for the 11 million unauthorized immigrants currently living in the United States. The catch is that implementation of this provision is “contingent upon our success in securing our borders and addressing visa overstays.” The day after the senators presented their framework, President Obama laid out his vision of what should be included in immigration reform legislation during a speech to labor leaders in Nevada. The president called for a clear path to citizenship that’s not contingent on securing the border, but he said the nation needs to stay focused on immigration enforcement. “That means continuing to strengthen security at our borders,” Obama said during his speech. “It means cracking down more forcefully on businesses that knowingly hire undocumented workers.” Read More
Immigration Court Backlog Keeps Growing (and Growing, and Growing…)
Two recent reports from the Transactional Records Access Clearinghouse (TRAC) contain discouraging news about the backlog in our nation’s immigration courts. One noted that the number of pending removal proceedings has reached a record high, while the other reported that a relatively small number of cases have been closed through the exercise of prosecutorial discretion. Although the figures provide cause for concern, it remains unclear—absent additional information from the Department of Homeland Security (DHS)—whether the backlog is growing despite the effort to close low-priority cases, or actually because of it. Read More
How Overburdened Immigration Courts Can Be Improved
By Naike Savain. Immigration courts are notorious for significant backlogs and lacking sufficient resources to timely and justly adjudicate the hundreds of thousands of removal cases pending before them. And, despite recent announcements that the Department of Homeland Security (DHS) is exercising prosecutorial discretion in some removal cases, immigration courts throughout the country struggle to manage their caseloads. In fact, some courts are scheduling hearings as far out as 2015, yet Congress seems unwilling to appropriate additional funding. A recent study commissioned by the Administrative Conference of the United States, however, addresses the gap between immigration courts’ workload and resources and recommends several improvements to the system. Read More
All gifts are matched dollar for dollar
No one should face the immigration system alone
