Musings on Immigration

In 2008, nine individuals sued more than thirty federal and local law enforcement officials (personally), pursuant to Bivens v. Six Unkown Agents Federal Bureau of Narcotics , 403 U.S. 388 (1971) challenging a pattern and practice in New Jersey by the Immigration and Customs Enforcement (“ICE”) of conducting dragnet, warrantless, nonconsensual raids on immigrants’ homes, which resulted in egregious violations of Plaintiffs’ clearly established Fourth Amendment rights.  All of the plaintiffs lived in New Jersey, and most were citizens or lawful residents of the United States, when armed agents of Immigration and Customs Enforcement (“ICE”) entered their homes without judicial warrants, or voluntary consent from any household member, in violation of Plaintiffs’ clearly-established constitutional rights.  During the course of eight separate raids on Plaintiffs’ homes, SWAT-style teams of ICE agents struck in the pre-dawn hours, entered the homes by deception or physical force, s...

by Hiba Ghalib , Associate Attorney This past weekend was a busy one for both gay rights activists and immigrant advocacy groups.  After the Supreme Court announced last Friday that it had agreed to hear two cases that challenge laws challenging same-sex marriage, over 50 groups supporting gay rights and immigration reform joined together to write a letter to the White House requesting President Obama hold off on deciding any immigration cases involving same sex couples until the Supreme Court issues its decision on gay marriage. In 1996, Congress enacted the Defense of Marriage Act, most often dubbed DOMA, denying same-sex couples federal benefits, including immigration benefits.  (It was signed into law by then-President Bill Clinton).  This prohibited U.S. Citizens from sponsoring their foreign national spouse for permanent residency if their spouses were of the same sex. To date, the administration continues to enforce DOMA and uses it ...

by Rebecca Rojas , Associate Attorney Today, the Detroit News reported that Michigan has joined the two states — Nebraska and Arizona — that have banned the issuance of driver's licenses to undocumented young people who qualify for Obama’s deferred action program (also known as the DACA program).  By way of background, the DACA program gives immigrant youth who were brought here as children and who have grown up in the United States, a two-year employment authorization card.  This card permits the holder to work anywhere in the United States. The apparent rational behind Michigan’s decision to deny driver’s license to these young people is that they are “unlawfully present” in the United States.  The article notes Michigan’s Secretary of State “ apparently reached this decision, notwithstanding federal authority stating that although a DACA designation may not confer legal status on that individual, the person is nonetheless, 'legally present’ within...

The title of this article may sound absurd.  In fact, I would not be surprised if this were an article in the satirical fake news Onion, a satirical entity that makes up fake news for the sake of giving you a good laugh.  Yet, sometimes fact is stranger than fiction, and this article in the Charlotte Observer last week is no joke. A Mexican woman was arrested for driving with her high beams.  She has been in the United States since 1991.  She does not have a criminal record.  She was placed into removal proceedings during her arrest. To add insult to injury, her proceedings were scheduled the week after her baby was due.  No consideration was given that babies are not always born on the day they are due, but in fact sometimes later.  Her baby was born on Thursday, the day before the scheduled date.  Immigration and Customs Enforcement finally had her proceedings terminated.  She was given Prosecutorial Discretion, where Immigrations and ...