Administration Faces Three Legal Defeats Against Strict Immigration Policies
A number of important federal immigration decisions were decided in September which completely changes a number of important immigration legal issues, as we discuss below:
Eliminating Hearings Before Judges Prior to Deportation
In late September, a federal judge blocked the Trump administration from extending the authority of officers to deport people without first allowing them to go before judges. The policy would have allowed for anyone who had been in the United States for less than two years to be deported under these broad new rules. Specifically, the regulations proposed eliminating bond hearings for minors and the requirement that any facilities holding children to be licensed, as well as changing any protections provided by government from being mandatory to discretionary.
Relying On Flawed Databases For Detainer Requests
Immigration and Customs Enforcement (ICE) had also been entirely relying on databases that are completely flawed by incomplete and/or inaccurate information in issuing detainers, or request for police agencies to hold onto certain individuals beyond what the law provided for. Often, this information was the sole basis for keeping some in custody. Pursuant to this policy, a federal judge also barred ICE from relying on these flawed databases to target individuals for deportation and dismantle protections for immigrants, as well as hold onto children and families in detention indefinitely. ICE is also now blocked from issuing detainers in states where an explicit statute authorizing civil immigration arrests on detainers does not exist. Reportedly, thus far, in 2019 alone, ICE has already launched more than 150,000 detainers all based on databases that the judge agreed contained significant errors and were simply not designed to determine someone’s “removability” in the first place. These errors have led to wrongful arrests of a number of U.S. citizens as well as lawfully-present noncitizens.
The Flores Settlement
Each of these lawsuits were won under the Flores agreement (settlement), which mandates that the government release children as quickly as possible and bars them from detaining them for longer than 20 days; regardless of how they traveled to the United States. The judge pointed out that the only way to adjust the Flores settlement would be through Congressional action.
Contact Our Wake County/Raleigh Immigration Lawyers Today
Immigration law is a highly technical field that is constantly changing due to the myriad of new policies proposed – and sometimes even automatically implemented – by the current administration; a number of which end up being found to be illegal when challenged in court. Experienced North Carolina immigration lawyer Rashad Hauter of Hauter Law Firm, PC helps to address their immigration needs and ensure that their rights are protected by filing legal actions on their behalf. Contact our office today to find out more about our services.