Padilla should apply to all migrants
Of all the protections guaranteed by the United States Constitution, the right to counsel is arguably the most important. As the Supreme Court famously declared in Gideon v. Wainright, a criminal...
View ArticleJennings v. Rodriguez highlights need for detention time limits
Justine N. Stefanelli The US Supreme Court’s decision in Jennings v. Rodriguez, 583 U.S. ___ (2018) (slip opinion), denying bail hearings to thousands of detainees is a serious blow to the rule of law....
View ArticleSupreme Court to hear another immigration imprisonment case
On the heels of its decision allowing prolonged confinement in an ICE detention center to continue, the U.S. Supreme Court decided to hear arguments in another case about the federal government’s...
View ArticleAbolish the ICE Prison Complex
Locking up migrants fighting to stay in the United States is permissible, the Supreme Court reiterated in February. The Court’s ruling mocks justice, but isn’t a big surprise. The federal laws under...
View ArticleSupreme Court to hear smuggling case
The United States Supreme Court recently agreed to decide the constitutionality of a federal law criminalizing migrant smuggling. United States v. Sineneng-Smith, No. 19-67. Late last year, the U.S....
View ArticleSupreme Court says gap in conviction records hurts migrant
In a split decision issued today, the U.S. Supreme Court announced that gaps in conviction records created by state courts should be treated against migrants who are required to show that they haven’t...
View ArticleSupreme Court expands ICE detention power
In a split decision, the U.S. Supreme Court announced that the Immigration and Customs Enforcement agency can detain some migrants who fear for their lives if deported without giving them even the...
View ArticleSupreme Court again considers ICE’s detention powers
In a pair of cases being argued today, the U.S. Supreme Court reviews the federal government’s power to detain migrants. This pair of cases, Johnson v. Arteaga-Martinez and Garland v. Aleman Gonzalez,...
View ArticleMistakes aren’t reviewable, Supreme Court says
Who should suffer when an immigration judge messes up? The migrant, a divided majority of the U.S. Supreme Court announced this week. In Patel v. Garland, the Court concluded that federal courts can’t...
View ArticleSupreme Court says Biden can end MPP
The U.S. Supreme Court today rejected Republican attempts to hold onto the Migrant Protection Protocols, more commonly known as the Remain in Mexico program. In a split decision that spanned the...
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