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Articles by Emma Winger
At Graduation Time, ICE Targets Young Dreamers
The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As young people and their families are celebrating graduations, U.S. Immigration and Customs Enforcement (ICE) has been ramping up enforcement across the country. One new tactic: arresting teenage students.
Republican-Led States Sue to Block DACA Recipients from Accessing Affordable Health Insurance
A group of Republican-led states, headed by Kansas Attorney General Kris Kobach, have sued to block a new rule that allows Deferred Action for Childhood Arrival (DACA) recipients to access health insurance through the Affordable Care Act (ACA). It is yet another legal assault on Dreamers, while the fate of DACA itself hangs in the balance. The ACA allows all people who are “lawfully present” to access health coverage and subsidies through HealthCare.gov and state-based marketplaces.
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under Campos-Chaves v.
Iowa’s Texas Copycat Immigration Law Challenged in Court
Iowa is following in the footsteps of Texas with a new law that would allow state officials to arrest, detain, and remove noncitizens who have reentered the United States after being deported—even if the person returned with permission from the federal government or later gained lawful immigration status. Just like Texas Senate Bill 4 (SB4), however, this new Iowa immigration enforcement law has been challenged in court.
Biden v. Texas - A Legal Showdown on the Southern Border Wages On
Written by Chelsie Kramer, Texas State Organizer and Emma Winger, Deputy Legal Director Texas is once again making national headlines after a woman and two children drowned in the Rio Grande while attempting to cross the river on January 12. The horrific event is just the latest in a long stream of intensifying disputes about how to address Immigration along the Texas-Mexico border and a grim reminder of the deadly consequences of our failing immigration system.
Lawsuit Challenges Florida Law Making It a Felony to Drive Certain Immigrants Into the State
At the direction of Governor Ron DeSantis, Florida has made it a felony to transport a person into the state who hasn’t been inspected by immigration authorities. Effective July 1, driving a broad and poorly defined class of immigrants into Florida is a crime. But a new lawsuit seeks to stop the law, which makes everyday life incredibly difficult for immigrants, their families, and their communities.
The State Of Florida Wants To Stop All New Migrants Arriving At The Border
By: Emma Winger – www.immigrationimpact.com/ Florida officials believe the federal government should arrest all, or virtually all, of those who arrive at the U.S.-Mexico border without a visa. And he’s using the courts to try and make that happen. Just last week, the United States Court of Appeals for the Eleventh Circuit refused to stop two federal district court decisions in Florida interfering with the Biden administration’s ability to release people on parole.
USCIS Lengthens Work Permit Automatic Extension Period to Address Adjudication Delays
Posted by Emma Winger | May 11, 2022 | Benefits & Relief, Immigration 101 “This story was originally published by, Immigration Impact“. U.S. Citizenship and Immigration Services (USCIS) issued a temporary rule last week that automatically extends employment authorization for certain noncitizens waiting for USCIS to process their work permit renewal applications.
Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys
Posted by Emma Winger | Feb 3, 2022 | Due Process & the Courts, Immigration Courts Immigration courts will soon take a big step into the digital age. On February 11, 2022, immigration attorneys, accredited representatives, and Department of Homeland Security (DHS) lawyers, will be required to electronically file immigration court paperwork in new immigration cases. This update won’t make the immigration court system fully paperless.
With New Florida Lawsuit, States' Efforts to Dictate Federal Immigration Policy Continue
Florida Governor Ron DeSantis announced a new lawsuit on Tuesday seeking an order requiring the Biden administration to detain almost all people arriving at the Southwest border. It is the latest in a string of lawsuits brought by states with Republican governors seeking to shape federal immigration policy. In its lawsuit, Florida argues that the Biden administration is illegally releasing asylum seekers and others that come to the border seeking admission.
Biden Administration Plans Big Changes for Asylum Seekers at the Border
Posted by Emma Winger | Aug 19, 2021 | Asylum, Humanitarian Protection The Biden administration announced this week that it will propose a new rule to speed up the fair and humane processing of asylum claims of people arriving at the U.S. border. The issue has been the recent subject of fierce public and political debate. Tellingly, this is the new administration’s first proposed immigration rule.
Biden Administration Plans Big Changes for Asylum Seekers at the Border
The Biden administration announced this week that it will propose a new rule to speed up the fair and humane processing of asylum claims of people arriving at the U.S. border. The issue has been the recent subject of fierce public and political debate. Tellingly, this is the new administration’s first proposed immigration rule.
Attorney General Garland Brings Back Administrative Closure for Immigration Judges
Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing deportation to pursue all available paths to legal status. In Matter of Cruz-Valdez, the attorney general reversed a decision by prior Attorney General Jeff Sessions.
The Supreme Court Limits the Crimes That Can Lead to Near-Automatic Deportation
Posted by Emma Winger | Jun 14, 2021 | Immigration 101, Immigration and Crime The Supreme Court issued a decision last Thursday in a criminal case that will have an immediate impact on immigration law. The new decision set a limit on the types of crime that can be considered an “aggravated felony” ground for deportation. In Borden v.
The Supreme Court Makes It Harder for Immigrants to Fight Deportation
The U.S. Supreme Court published a new decision on March 4 that will make it harder—if not impossible—for many longtime immigrants to fight deportation. The case, Pereida v. Wilkson, abandons decades of Supreme Court precedent on the immigration consequences of criminal convictions. Undocumented immigrants and other noncitizens who are deportable may still be eligible for discretionary relief from deportation, including cancellation of removal.
Trump Administration Wants to Deny Work Permits to Some People Released From ICE Detention
The Trump administration announced on November 17 that it plans to start denying work permits to people who have been ordered deported, but who have been released from immigration custody because they cannot—or should not—be deported. A stated purpose of this new rule, published by the Department of Homeland Security (DHS), is to encourage people to self-deport.
Emma Winger: Border agents should not be handling ‘credible fear’ interviews on asylum. Here's why.
The coronavirus pandemic has shut down most of our country and, along with it, our asylum system. With a March 20 order from the Centers for Disease Control and Prevention restricting crossing at our southern border, almost all individuals fleeing violence and persecution have been prevented from seeking safe haven in the United States. But the reshaping of our asylum system was in the works long before the pandemic.
The Jail-to-Deportation Pipeline Turns Deadly for Immigrants in the Pandemic
Another man has died in immigration detention from COVID-19. His tragic and avoidable death marks the deadly end to a jail-to-deportation pipeline that disproportionately targets Black and Brown people. On July 13, Immigration and Customs Enforcement (ICE) issued a press release announcing that Onoval Perez-Montufa had died from COVID-19. The release says nothing about who this man was, why he came to the United States from Mexico, or what grieving family he leaves behind.
Fearing Coronavirus, People in ICE Custody Ask the Courts to Order Their Release
Medical experts and government officials urge people to social distance to avoid contracting the coronavirus. Yet, Immigration and Customs Enforcement (ICE) continues to hold tens of thousands of people in cramped detention facilities. Fearing for their safety, immigrants and their advocates have turned to the courts to seek release from these unsafe conditions.
Supreme Court Rules Parents of Slain Teenager Can’t Sue Border Patrol Agent Responsible for His Death
By Emma Winger, Immigration Impact The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the Hernandez v. Mesa case, the Court removed an important check on an agency known for the misconduct of its officers. Standing on the Texas side of the border, Border Patrol Agent Jesus Mesa shot and killed 15-year-old Sergio Adrián Hernández Güereca.
Supreme Court Rules Parents of Slain Teenager Can't Sue Border Patrol Agent Responsible for His Death
The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the Hernandez v. Mesa case, the Court removed an important check on an agency known for the misconduct of its officers. Standing on the Texas side of the border, Border Patrol Agent Jesus Mesa shot and killed 15-year-old Sergio Adrián Hernández Güereca.
What Are the Proposed New Bars to Asylum?
By Emma Winger, Immigration Impact In yet another move to gut asylum protections in the United States, the Trump administration proposed a rule last month that would add severe new restrictions on asylum access. The restrictions would apply to people convicted of—and in some cases, merely accused of—a wide range of criminal offenses. If enacted, the rule would create seven new categories of criminal convictions or alleged conduct that would make someone ineligible for asylum.
Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional
By: Emma Winger, Immigration Impact A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones, laptops, and other electronic devices without reasonable suspicion are unconstitutional.
Federal Court Blocks Error-Prone ICE Deportation Program
U.S. Immigration and Customs Enforcement (ICE) has arrested millions of people based on unreliable electronic databases. In a recent court decision with nationwide impact, a federal judge in California ruled that parts of this mass deportation program—called Secure Communities—are unconstitutional. Through Secure Communities, anyone arrested and fingerprinted for any reason has their fingerprints sent to ICE.
Supreme Court Rules in Favor of Expansive Immigration Detention
Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been previously released. The U.S. Supreme Court issued a decision in Nielsen v. Preap this week. A majority of the Court ruled that an immigration law requires the Department of Homeland Security (DHS) to jail a broad class of immigrants for their entire deportation proceedings.
Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court
Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge their deportation in federal court. Last week, in Thuraissigiam v. U.S. Department of Homeland Security, the Ninth Circuit Court of Appeals became the first federal appeals court to say that depriving these asylum seekers of federal court review violated the U.S. Constitution.
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