Discover and read the best of Twitter Threads about #ImmigrationCourts

Most recents (9)

1/ A #Boston federal court decided last month for the 1st time in US history that it's ICE's job to prove an ICE detainee is dangerous rather than forcing the detainee to prove a negative. Here's a quick report on how this Boston-only ruling is playing out in my home court.
2/ 1st, I've always found it frankly bizarre that #immigrationcourts required that *detainees* prove that they shouldn't be in ICE custody. This goes against centuries of common law, if not common sense. The govt should *always* have to justify taking someone's liberty. Always.
3/ In practice, putting the burden of proving "non-dangerousness" in #immigrationcourt required us to gather every relevant page of criminal records (including police reports), even for cases which had been dismissed/dropped, in a matter of days. Not my favorite part of the job.
Read 17 tweets
Another sad day for immigration law: The Board of Imm. Appeals proved today that it is not only willing to openly violate our international treaty obligations, but that it really may not understand the basic concept of rogue cops operating with impunity in failed states.
Uniformed officers w/service weapons came to this #asylum applicant's door & violently extorted him, and the BIA went ahead and found that they probably weren't real cops...

because they told him not to tell the cops

And he should have reported to the real cops


That is absolutely not how any of this works, as anyone who has given even a few seconds of thought to what it might be like to try to survive in a gang-compromised nation like Guatemala would understand.

Rogue cops do this kind of thing *all the time,* and no one can stop them
Read 8 tweets
An imm. judge just denied my asylum-seeking client's bond bc he didn't have ID.

He does, though. He came to the US w/photo ID, but ICE took it at the border... and now says they don't have it.

We have a week to come up with something & try for bond again.

My client told us that ICE had his ID, and I just had to trust that they did. They usually do.

We just have no lawful right to confirm that. This is what a court system with no right to discovery looks like.

#Immigrationcourts need to be brought into the judicial branch ASAP.
(To be clear, the court allowed us to w/draw the bond request without prejudice, rather than denying it. This allows us to try again next time if we can come up with anything resembling ID.)
Read 4 tweets

I mean, let’s start here: Probably you don't, actually.

But if you’re still reading: You want advice on how to get into (and survive) #immigrationlaw, and I’m here for that.

Here’s all of it.
(1) MAJOR IN ENGLISH. Do not even *consider* another degree.

Writing is my first & best skill as a lawyer. From one-line emails to Supreme Court briefs, it's a craft--and one you owe it to yourself and your future clients to master. This is not optional.
(2) WRITE TO BE READ. Write persuasively. Write with intention. Don't overwrite, don't underwrite. Just write until it's good. Write until it's yours.

It is theoretically possible to be a great lawyer and a mediocre writer, but you shouldn't settle for that. Do the work now.
Read 31 tweets
1/ As you may have read by now, the DOJ linked a hateful post on a well-known white supremacist website dedicated for decades almost entirely to xenophobia as recommended reading for 500+ US immigration judges.

How much does this suck? An investigation…
2/ I've been checking in on VDare for years. It's about as openly hateful as openly neo-Nazi sites like Stormfront, the Daily Stormer, etc. No one who has spent any time in Immigrationland wouldn't know what it is & what it stands for. (Today's top headline for reference)
3/ DOJ's official explanation seems to infer that some outside contractor is responsible for getting these daily news briefs out based on keywords. OK. But why does this contractor's acceptable list of sources include at least one well-known hate site? And no human supervision?
Read 14 tweets
1/ Yesterday I provided some context for yesterday's unprecedented #ICERaids which detained ~700 undocumented workers.

Now let's look at how a major legal change by the Trump administration plays into this, & what it means for what's coming…
2/ First, ICYMI here's yesterday's thread on the historic, social, and economic context of these raids. (I thought the legal analysis deserved its own space.)

3/ Before last month, anyone found in our borders had to be given a chance to appear in #immigrationcourt to defend themselves from deportation. And while our #immigrationcourts have their own problems, they're still better than literally nothing--which is what many will now get
Read 11 tweets
The horrific #Goodlatte #immigration bill soon up for debate isn't something to be "compromised" with. It's a harsh, intentional, irrevocable shift Trumpward.

Shred it.

Burn the ashes.

Scatter them upon the Antarctic plains.

Here are just a few of many reasons.
(1) CRIMINALIZATION of unlawful presence in the United States: White supremacy writ into law. For past 228 years, simply *being in U.S.* w/o permission was a civil offense w/no consequence other than deportation.
(NB: This was quickly rejected in 2005, but much more likely now)

Even @Heritage, which otherwise mostly likes the bill, balked at this as "hard to justify." You don't say.
Read 19 tweets

Maybe #WhereAreTheChildren can't be salvaged, but not much risk of making it any *more* confusing than it is now. Want to try to sort through some the main takes on this mess out there right now?

Oh hey, me neither. Let's *do it*

The first, and worst, take. The testimony to Congress in April was not that these kids were "lost," but only that #ORR couldn't account for them after release to sponsors. NOT the same thing.…

Separating families is kind of the whole point of #ICE, domestically. But #CBP encounters/processes minors, #ORR handles custody/release.

Please call #ICE, but re: EVERYTHING BUT THIS

Read 12 tweets
1/ The conditions which allowed #WhereAreTheChildren to happen were created by the Obama admin. The recent Sessions policy of separating children from parents at the border will make things even worse for one reason no one really seems to be talking about. Let's talk about it.
2/ We have all heard by now that asylum-seeking parents will be separated from their children and detained. But it gets much, much worse.

They will also be legally orphaned.
3/ Asylum-seeking families have always been processed and released together and their cases joined for review in #ImmigrationCourts. The new Sessions approach is designed to not only reverse that policy, but to inflict maximum harm in the process.
Read 12 tweets

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