An awesome team of lawyers recently managed to secure the freedom of the longest-detained ICE detainee in MN. He spent an absurd 46 continuous months in detention until he was released on bond due to a judge ordering the government to prove that he still needed to be detained.
46 months is a crazy long time to spend detained, especially in county facilities which are set up for much shorter detention. I find though that the numbers get a bit abstract and they can be best understood through analogies. MN, like many states, follows sentencing guidelines.
MN also has a presumption that only 2/3rds of a sentence will be served in custody and the remaining 1/3 will be served on supervised release. The guidelines sentences can be deviated from, but are a reasonable estimate by which one can draw comparisons.
So, this detainee spent more time in custody, while awaiting an entirely civil process to complete, than he would have served had he been convicted of an aggravated robbery, with a prior conviction for aggravated robbery.
I illustrate this not to say that this is the typical case, and of course I'll argue that all civil immigration detention is bad and shouldn't exist. But even if you are inclined to allowing for civil detention for immigration, how is a system where this CAN happen permissible?
Also it bears considering that if the simple act of shifting the burden to the government to prove the need for continued detention, ends up leading to the release of someone from custody after 46 months, why isn't that the burden in the first place?
I know everyone is pushing for large reforms and abolition (as they should), but it would also be incredibly consequential, for example, A.G. Garland certified a BIA decision and ordered the burden shifted back to the Government (since the burden is not found in statute).
The question shouldn't be what is the "usual" case, but rather should the system permit this at all. How is it possible that a system is allowed to exist which permits a LPR to be held in civil confinement for 46 months without requiring the government to prove necessity.

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More from @DavidKubat1

10 Mar
I got asked the tangible impacts of not (*yet*) extending to OPLA to the same enforcement priorities as ICE-ERO. I thought about my cases and came up with many, but I thought I could get more from #immigrationtwitter.

I'll go first, but please add more that I may have missed.
1. I-601A eligibility for people in proceedings. This is holding up many people (I’d guess thousands, but IDK), who would otherwise be eligible to get provisional waivers, who cannot get admin closure which is required by regulation to file. Impact: delays and family separation.
2. Cases granted by the IJ but appealed by DHS under the prior policy of "appeal nearly everything" could be reevaluated for voluntary dismissal. This would provide finality to cases which already convinced the IJ, but also facilitate reunification with family members abroad.
Read 8 tweets
10 Mar
Btw, if you want to get a wry laugh of helplessness, take a gander at the DHS replies to N&C from the final rule expanding the I-601A, on the subject of declining to extend eligibility to people in removal proceedings who had cases that were not admin closed.
Commenters propose that only allowing I-601A processing for admin closed proceedings is a silly restriction.

DHS says, "wait, but we have this PD memo from 2014, it'll be fine. Like no one would ever, I don't know, just like change that in the future."
Its extra funny (but not really ha ha) when you notice that this final rule was published in the summer of 20 Freaking 20.

This is just a perfect example of the, "settle the fuck down everyone, Clinton is gonna walk away with this in a landslide," attitude from late term Obama.
Read 4 tweets
10 Mar
ICE releases strict enforcement priorities memo directing specific actions and oversight into enforcement actions.

OPLA works for ICE

So, when is someone gonna write the guidance that makes this effective for the huge number of *current* cases?!?
For example, there are a number of people married to U.S. citizens, who would otherwise be eligible to get their immigrant visas abroad, but for the fact that they cannot do so if they are in proceedings unless the proceedings are admin closed (Thanks Obama!)
This worked fine, until, in an entirely predictable turn of events, a new administration came into power and suddenly made admin closure a relic of the past.

So, now we are stuck fighting 42B cases, or other long shot relief just hoping for 601A eligibility to return.
Read 6 tweets
28 Aug 19
Ok, before I scream into the void and log off. There are two ways to aquire citizenship automatically.

1. At Birth (which this memo largely does not impact)


2. After Birth (which this memo does impact particularly for service members and U.S. government employees abroad.
#1 is the way the vast vast vast majority of auto aquired citizenship happens. #2 didnt even exist until 2001 and is nice but rare.

So, yes children of US service members born abroad will still be citizens (if meet the largely unchanged requirements of INA 301).
No your kids/neices/godchildren, whatever born 20 years ago aren't going to lose citizenship at the end of October.

Why this memo was produced is unclear, but it was poorly drafted (suprise), but that doesnt mean its a cabal.
Read 10 tweets

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