Law Commons^™

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Lunchtime Talk With Diana Kearney: Strategic Litigation Against The Administration’S Migration Policies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Event Invitations 2019

CLIHHR will host Diana Kearney for a lunchtime lecture on the Administration's migration policies. Strategic litigation efforts across the US and Mexico are combating policies that strip migrants of their human and refugee rights. We will survey cases protecting these rights, including challenges to the "remain in Mexico" policy, family separation, and expedited deportations without due process. In addition, we will examine how civil society groups are coordinating efforts throughout North and Central America to protect migrants.

Diana Kearney is a Legal and Shareholder Advocacy Advisor at Oxfam America, where she focuses on corporate accountability, land rights, refugee rights, and …

Universal Representation, Lindsay Nash

Articles

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for non-citizens in removal proceedings. In the immigration field, “universal representation” refers to a system of appointed counsel that provides representation to indigent non-citizens facing deportation regardless of the apparent merits of their case. This model has proven a transformative change, particularly given the absence of any recognized right to government-funded counsel. In recent years, cities and counties throughout the nation have launched …

Unpacking Doj’S New Claim That Dhs Can Legally Detain Migrant Children With Their Parents For Longer Than Twenty Days, Deborah Pearlstein, Marty Lederman, Ryan Goodman

Online Publications

The Trump administration recently claimed it could not reunite migrant children with parents who are being held in ICE detention due to a court order requiring the government to release such children from custody within (at most) 20 days. The government now claims, however, that it can legally detain the children with their parents in ICE detention for much longer than 20 days. How did the government come to this position? In this post we’ll answer that question, and address a central flaw in the government’s logic.

Child Separation In The Courts, Deborah Pearlstein

Online Publications

Developments in the ongoing child separation crisis have come so quickly in the past week it is nearly impossible even for experts to keep track. Donald Trump’s executive order requiring an end to the child separation policy, his administration’s subsequent announcement that it would halt its “zero-tolerance” policy of prosecuting the misdemeanor offense of illegal entry, the California federal court’s Tuesday decision halting further separation and requiring currently separated families be reunified — all of these are positive developments for those concerned about the catastrophic effects of the policy on children and families. But the legal battle here is far …

Accessing Justice: The Available And Adequacy Of Counsel In Removal Proceedings, Peter Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z. Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay C. Nash

Articles

The immigrant representation crisis is a crisis of both quality and quantity. It is the acute shortage of competent attorneys willing and able to competently represent individuals in immigration removal proceedings. Removal proceedings are the primary mechanism by which the federal government can seek to effect the removal, or deportation, of a noncitizen. The individuals who face removal proceedings might be: the long-term lawful permanent resident (green card holder) who entered the country lawfully as a child and has lived in the United States for decades; or the refugee who has come to the United States fleeing persecution; or the …