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Matthew Kolken on Deportation And Removal

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  1. Obama Admin Sued Over One Year Asylum Deadline

    by , 07-07-2016 at 08:01 AM (Matthew Kolken on Deportation And Removal)
    Via The American Immigration Council:

    In an attempt to bring order and some measure of fairness to what has become an overly bureaucratic and chaotic process, on June 30, 2016, four asylum-seekers filed a class action lawsuit in the District Court for the Western District of Washington challenging DHS’s failure to advise them of the deadline for filing their asylum applications, as well as both DHS’s and the immigration courts’ failure to adopt procedures which would ensure that an individual is able to file an asylum application by the deadline.

    The American Immigration Council, Northwest Immigrant Rights Project, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild, represent the four plaintiffs, from Mexico, Honduras, Guatemala and the Dominican Republic, who sue on behalf of themselves and all other individuals in the United States who are in the same situation.

    Since the government has been unable to establish a rational process that will ensure that all asylum-seekers have the opportunity to timely file their applications, it’s time for the court to weigh in and bring order and fairness to the asylum filing system.
  2. Lawsuit Seeks to Shed Light on Customs and Border Protection's Complaint Process

    by , 06-06-2016 at 03:15 PM (Matthew Kolken on Deportation And Removal)
    For Immediate Release
    American Immigration Council Lawsuit Seeks to Shed Light
    on Customs and Border Protection's Complaint Process

    June 6, 2016
    Washington D.C. – The American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act (FOIA) to compel the release of additional documents related to the complaints process at United States Customs and Border Protection (CBP). Through this suit, the Immigration Council is seeking to update information received from CBP in its previously filed FOIA request, where it obtained data concerning 809 complaints of abuse lodged against U.S. Border Patrol (USBP) agents between January 2009 and January 2012.

    The Immigration Council analyzed this earlier data in a May 2014 report entitled No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse, revealing that the recorded outcome in 97 percent of the cases CBP claimed to have resolved was “no action.” The data further showed that “physical abuse” by USBP agents was the most prevalent reason given for filing a complaint (cited in 40 percent of the complaints), with “excessive use of force” referenced in 38 percent of the cases.


    To determine whether there had been any improvement since January 2012, the Immigration Council filed a follow-up FOIA request to CBP on October 2, 2015, asking for documentation concerning complaints made against CBP agents and officers since January 1, 2012, as well as the process CBP has used to investigate and resolve these complaints.


    More than eight months have passed since CBP received the Immigration Council’s 2015 FOIA request, but CBP has not provided any responsive documents, violating FOIA and impeding the Immigration Council’s efforts to assess and inform the public about CBP’s progress, or lack thereof, in developing meaningful and transparent procedures for investigating and resolving complaints of abuse by USBP agents.


    "CBP is the largest law enforcement agency in the United States and over the years, there have been numerous reports of abuse or misconduct by USBP agents, but CBP historically has not been held accountable for the misconduct of its agents and has often tried to shield such misconduct from public scrutiny,” said Mary Kenney, Senior Staff Attorney at the American Immigration Council.


    “The trends we identified in our last report revealed a stunning lack of oversight and accountability on behalf of the agency,” said Guillermo Cantor, Ph.D., Deputy Director of Research at the American Immigration Council. “It’s important that the public have the opportunity to see whether any progress has been made with respect to how CBP responds to complaints and holds its officers accountable.”


    The filed complaint is here.

    ###
    For press inquiries, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524
  3. ACLU Sues Obama Admin Over Unattainable Bonds For Poor Detainees

    by , 04-07-2016 at 05:58 AM (Matthew Kolken on Deportation And Removal)
    The ACLU of Southern California has sued the Obama administration over setting excessively high bonds for detained immigrants who don't have the financial ability to afford release. The lawsuit argues that setting excessively high "full cash" bonds without consideration of an individual's ability to pay, or the adequacy of an alternative bond or alternative conditions of supervision, violates the right to due process, equal protection guarantee of the Fifth Amendment, and the Eighth Amendment’s Excessive Bail Clause.

    Click here to view the lawsuit.
    Tags: aclu, bond, lawsuit Add / Edit Tags
  4. ICE Stonewalling Release of Records Relating to Alleged Sexual Assault of Immigrants

    by , 08-21-2015 at 08:14 AM (Matthew Kolken on Deportation And Removal)
    Courthouse News Service reports that Immigration and Customs Enforcement has stonewalled the release records relating to the alleged sexual assault of refugee mothers held in private, for profit deportation internment camps located in Texas. A lawsuit was filed last week in Federal Court by the Refugee Immigrant Center for Education and Legal Services (RAICES), of San Antonio due to a "long overdue" delay in responding to a FOIA request filed in April. RAICES is attempting to obtain a blueprint of the Karnes County Residential Detention Center laundry room, where it has been alleged that immigrant mothers were sexually assaulted by guards. There is video evidence of two guards having sexual relations with immigrant detainees in a laundry room.

    RAICES alleges that the Obama administration used "strong-arm tactics" against immigrant mothers held in custody to coerce favorable responses that would form the basis of a report that no sexual abuse occurred. RAICES also claims that the administration has a history of creating "intentionally falsified" records.

    Click here for more information.
  5. 5th Circuit Rules on Injunction of Obama's Executive Action

    by , 05-26-2015 at 03:00 PM (Matthew Kolken on Deportation And Removal)
    From the decision:

    Twenty-six states (the “states”) are challenging the government’s Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”) as violative of the Administrative Procedure Act (“APA”)and the Take Care Clause of the Constitution. The district court determined that the states are likely to succeed on their procedural APA claim, so it temporarily enjoined implementation of the program. Texas v. United States, Civ.No. B-14-254, 2015 WL 648579 (S.D. Tex. Feb. 16, 2015). The United States appealed the preliminary injunction and moved for a stay of the injunction pending resolution of the merits of that appeal. Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay and the request to narrow the scope of the injunction.

    Click here to read the 68 page decision in its entirety.

    Updated 05-26-2015 at 03:21 PM by MKolken

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