Discover and read the best of Twitter Threads about #immigrationcourt

Most recents (24)

man featured in this (paywalled) investigation on credible #MeToo allegations in the #immigrationcourt system has opinions about "reprehensible conduct"
Yes, the guy who gets to pass judgment in the name of "moral turpitude" is a known sex pest to the degree that he is literally not allowed into the building to rubber-stamp deportations with his colleagues
Let me say that again: the judge who just ruled that driving under the influence with a suspended license is "reprehensible" enough to bar immigrants from residency and/or serve as a basis for deportation was #MeToo'd so effectively that he isn't welcome in his own office
Read 5 tweets
The short & long term effects on kids of having a parent taken into ICE custody for even a few days--let held for years before being deported for life--are all too well-known... and we're simply not allowed to argue this point when seeking release on bond in #immigrationcourt
Immigration judges constantly deny bond and hold parents for months based on anything from pending petty theft allegations to 10-yr-old drunk driving convictions to supposed "gang ties" which DHS has no obligation whatsoever to prove. Lives, psyches, futures destroyed in seconds
We are sometimes allowed to at least introduce evidence of what separation/deportation would do to a US citizen child's mental health, but undocumented kids might as well not exist. They have no value.

It makes me physically I'll to perpetuate these harms just by doing my job
Read 7 tweets
1/ Let's talk about a few small but vital parts of the #USCitizenshipAct which may not make the kinds of headlines a pathway to citizenship does, but could make millions of people's lives better the day it passes.
2/ Before we do that, it is very important to me that you understand just how *bad* Joe Biden's immigration record is. It is not at all unfair to say that he is directly responsible for some of the worst stuff that this bill is only now undoing.…
3/ Let's start with the definition of the word "conviction."

Every state has some form of alternative sentencing designed to divert charges & keep people from the lifetime burden of a criminal record.

Congress (& Biden) didn't like this, and changed federal law accordingly.
Read 25 tweets
Anyone else thinking about #immigrationcourt dates scheduled for for clients in 3 yrs and wondering if there will be a federal government to hear them by then, or is that just me
Fun times for someone who grew up believing as a matter of fact that the world would end in his lifetime!
I opened today's class on asylum/refugee policy by reminding everyone that there is no reason whatsoever to assume that the phrase "American refugees" is not something that we will come to know in our lifetimes. Any given country is just a couple of bad leaders/yrs away from it
Read 9 tweets
1/ There are 58 immigration courts in the United States.

In the past seven days, one out of every five of them--including my own here in Boston--has been exposed to #covid19.

We can't keep doing this. Please stop making us do this.
2/ Accidentally posted Chicago twice up there, but there were a total of 11 of these #immigrationcourt exposures this week alone--just as the second wave is cresting.
3/ I haven't physically appeared in #immigrationcourt for weeks, & only then bc I felt it necessary for effective representation in a tough case.

My partner has serious pre-existing lung issues. Many asylum cases are life-and-death.

This is not a choice I should have to make
Read 11 tweets
1/ By amending no more than THREE WORDS of the Immigration & Nationality Act, Congress could amend a 91-yr-old law to grant a pathway to citizenship to millions of undocumented Americans in a piece of legislation shorter than this tweet.

Really: three words!

Here's how:
2/ Loosely speaking, the U.S. had virtually open borders for everyone other than Chinese/East Asians until 1917.

The visa system was then formalized in 1924 based on white supremacist "national origins quotas" explicitly designed to favor white northern/western Europeans.
3/ As strange as this is to think of today, we simply weren't keeping good track of who was coming to the country at a federal level until 1906 and there was no mandatory requirement that new immigrants register with the government once here.

There wouldn't be until 1940.
Read 27 tweets
1/ 48 hours after Trump's ICE was given the green light to use "expedited removal" to deport non-citizens ANYWHERE IN THE US w/o seeing a judge first, #SCOTUS has today confirmed that this power is unreviewable. I'm reading the decision now, initial thoughts below
2/ Alito writes for the majority, and in case you had any doubt about where he's been getting his news he leads with the Fox/#TantonNetwork view of #asylum. (FYI, the fact that most asylum apps are not granted is not a valid argument against asylum, but that's for another day.) Image
3/ In 1996 Congress (working closely with the Clinton admin) passed the single worst immigration bill in modern American history, aka #IIRIRA. Among many other terrible things, this bill both created the expedited removal process & strictly limited review of ERs in the courts Image
Read 40 tweets
we are now

as of today

133 DAYS

from the beginning

of the

[say it with me now]

πŸ‘‰πŸ‘‰πŸ‘‰ POST-TRUMP ERA πŸ‘ˆπŸ‘ˆπŸ‘ˆ

post TRUMP



that is "post"

as in AFTER
So yes: a lot of bad stuff is happening this week, especially in #immigrationpolicy.

Just here to remind you that this rollercoaster is about to come to a full & complete stop, & that there is no irreversible damage he can really do in his last few months.

Next: the real work!
It's mid-November. All of the votes are finally in and accounted for, and Trump has just been trounced in an absolutely historic landslide.

Will he act out? Sure. Will he try to do as much damage as possible? Probably.

Will anyone take him seriously? No.
Read 10 tweets
As Americans continue to gather for justice & real change, @DOJ_EOIR has been closing #immigrationcourts in major urban centers throughout the US early due to "civil unrest"--but Eloy is well outside of Phoenix in the AZ desert. Are the rattlesnakes rising up, or
Just a few examples from the last few days
Read 6 tweets
I've seen this episode of "Messiah," & to the extent that I could (and this is true) stop laughing through most of it the portrayal of ICE detention was one of the few things I thought it basically got *right.*

Here's a thread on just a few of the things it didn't:

2/ Up top: "Messiah" is smart TV for stupid people. It's Very Serious #resistance theater.

I haven't seen "Homeland," but I guess it's a similar setup except instead of being a possible terrorist our guy (hereinafter "Sexy Jesus") might *also* be the Second Coming, or something
3/ Anyway, all you really need to know is that Sexy Jesus has magicked himself from an Israeli interrogation cell to work a miracle in Dilley, Texas.

If that town sounds familiar, it's bc it has been a major family detention center since the Obama yrs.…
Read 57 tweets
PROTIP: when an associate justice of the United States Supreme Court warns the reader 11 pages into a 17-page decision that your arguments are "not easy to unpack," you can stop reading and call your client to share the bad news
(yes, even when it is *this* associate justice of the United States Supreme Court)
That said, most #immigrationlaw arguments worth making aren't "easy to unpack," and *that's* why we get paid the big--uh, moving on
Read 6 tweets
This keeps happening, so:

JAIL is where defendants are held pre-trial or (in MA) people w/misdemeanor convictions are sentenced to

PRISON is (in MA) where people w/felony convictions are sentenced to

ICE DETENTION is neither of these things (even if it happens to be in a jail)
ICE arrests/detains pending DEPORTATION proceedings in #immigrationcourt, in which detainees are charged with CIVIL violations of the federal imm. law ranging from unlawful presence (if undocumented) to prior convictions for deportable offenses (if documented). No criminal aspect
So yes, people with greencards can be arrested and held in a Massachusetts jail BY ICE for minor decades-old drug convictions for which they have already paid in jail time/probation/fines, etc. Happens all the time. But they are *not being charged with a new crime.*
Read 5 tweets
The entire American #immigrationcourt system is closed and all cases other than those of people in ICE custody will be rescheduled.

Next: release ICE detainees.

Let's drop the pretense that these people being held on civil immigration charges are any real danger to the public.
As of now:

USCIS: closed

#IMMIGRATIONCOURTS: closed for all but detained cases

CONSULATES: many closing to the public

ICE (actual quote): "We just have to continue to go with the same game plan that we've been doing."…
#COVID19 will hit an ICE detention center.

This is a thing that is going to happen. And the facilities will, in many cases, be far less prepared than they are now.

ICE has authority--exclusive authority in many cases--to release every one of them now.


Read 5 tweets

"It's a real public health issue," [Cameron] said.

#mapoli #bospoli #covid19…

-release all (yes, all) ICE detainees

-suspend all USCIS interviews & naturalization ceremonies

-total moratorium on all deportations

Boston is a major nexus for this pandemic. Stop making people come here, and stop sending them out.

None of this is worth it.
As noted in the story, the Boston #immigrationcourt is where non-citizens from RI, NH, VT, ME, and eastern MA are required to report for removal hearings upon pain of automatic deportation if they fail to appear. It's a perfect vector for spreading this all over New England.
Read 4 tweets
Not that anyone asked me, but here's how the #immigration system should deal w/#covid19:

--suspend all #immigrationcourt
--suspend all #USCIS interviews
--automatically extend all ICE check-in 6 months
--release all ICE detainees

None of this is worth the risk. None of it.
This is maybe the only upside to having #immigrationcourts not be Constitutional judicial bodies under Article III: they're optional. They are not such an essential part of government that they need to remain operational during a pandemic.

They're just not.
Call me alarmist, but there's no precaution too extreme for what New England is facing right now and we all should have started cutting non-essential public exposure weeks ago. Better now than waiting another day.…
Read 6 tweets
An overwrought piano cover of "My Foolish Heart" is blasting here on the #Boston #immigrationcourt ICE detainee docket while the judge waits on an Arabic interpreter via phone and while it's no Bill Evans it is oddly soothing to this former quasi-pro jazz pianist rn
The #immigrationcourt ICE detainee docket is a sort of hellish cyberspace unmoored from space or time, like a casino or a McDonald's. I imagine they're the same everywhere. If you told me this endless but not unpleasant piano ballad had been going for an hour, I might believe you
As in at least 50% of my appearances here, I'm not being paid & don't expect to be. I barely made my mortgage payment this month. I threw my back out this weekend & have to do 2 full asylum hearings & teach 4 decades of immigration policy tomorrow. Piano jazz is a lovely reprieve
Read 8 tweets
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

As #impeachment dominates the news cycle the war on #asylum still rages... and the Trump administration just dropped another daisycutter.

This whole thing is *far* worse than this headline might suggest, so let's just into it.
2/ 1st, remember that "criminal aliens" is one of the Trump administration's favorite phrases, intentionally used to associate crime w/refugees, asylum seekers, &Central Americans generally. (MEDIA: This is a very knowing psy-ops campaign; please don't perpetuate it)
3/ International law *does* allow member states of the Refugee Convention to restrict the right of asylum to those convicted of "particularly serious crimes" and even return such people there even knowing they face will face persecution. It's clearly for extreme cases.
Read 18 tweets
IMM JUDGE: Sir, I scheduled a hearing today so that you could file an application. Do you have that?

DETAINEE [in Spanish]: I couldn't.

IJ: You couldn't fill it out?

D: Idk how

IJ: maybe someone who speaks Spanish & English could help

D: I don't have any friends
IJ: I see here that you have 2 US citizen children and no criminal record. You may be eligible for a greencard.

D: I want to leave.

IJ: Are you sure?

D: I tried to find help. No one could help me.

IJ: Sir, it doesn't have to be a lawyer. There may be other people to help you
IJ: You understand that you'd be up your rights and accepting deportation.

D [thinking]: OK. My children need me. Let's try.

I see something like this every time I'm waiting through the #immigrationcourt detained docket. None of these people have a right to appointed counsel.
Read 18 tweets
We were just notified that a young client has died of terminal cancer. You might think this sad news finish an immigration attorney's duties here--but, no.

If I am unable to prove his passing to the #immigrationcourt, my client's file will close with an order of deportation.
For as absurd as it sounds, this isn't an unreasonable policy. While I knew he was facing a terminal illness I have nothing but an extended relative's word, and it's not inconceivable that someone would fake death to avoid deportation
*would finish
Read 5 tweets
Just had to file my first application for an ICE detainee who entered the US after 7/16/19 & is now barred from #asylum (but still technically eligible for lesser forms of protection) under new Trump rule.

Said it before, but again: this is illegal, & it will get people killed.
The case will now be reviewed for a 51% chance of persecution rather than 10%. (Yes, the law really does reduce these life & death cases to betting odds.) Being barred from #asylum also means no chance of truly permanent status or pathway to citizenship.

All very much the intent
FYI my client presented near the Texas border seeking asylum & was immediately detained and flown to a county jail in Plymouth, Mass to await review by an #immigrationcourt.

You may have heard nativists talk about the "high costs of illegal immigration" ? This is the biggest one
Read 7 tweets
1/ I just read through the new proposed rules for #asylum-based employment authorization while waiting in #immigrationcourt with a 16-year-old asylum seeker, and I'm just so tired and angry that this seems like a good time to tell you how bad it is.

It's bad.

2/ This opening sentence says everything.

In Trumpworld, the only possible reason anyone would file an application for #asylum is to get a work permit, and most of them are probably criminals.
3/ Under current regulation, #asylum applicants can't file for a work permit until their cases have been pending 180 days. (Under current processing times, they receive it about 30 days later.) This rule would double that to a full year.
Read 12 tweets
Appealing deportation orders is about to cost about three times as much as the actual value of my car
The current #immigrationcourt fee is $110.

AFAIK, the cost to appeal some visas through USCIS is the most expensive appellate fee anywhere in the U.S. right now. This raises even that by $325, and will deny access to justice for some of the most vulnerable people in the system.
("Raises" in the poker sense, I haven't seen any indication that the $675 AAO fee is changing.)
Read 4 tweets
sometimes I just get overwhelmed by how regular and normal our country is

#asylum #immigrationcourt
just regular judge stuff
I feel for the court interpreter whose actual job depended on repeating these words in Spanish. I hope they made this tirade sound a little better, somehow
Read 4 tweets

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