Fighting back to protect immigrants and defend individual constitutional rights occurs at both the policy level and in individual cases. Immigration attorneys and representatives can zealously defend clients in removal and bond proceedings, seek to suppress illegally obtained evidence and terminate cases where ICE has violated the constitution or its own regulations, and sue agents and agencies that violate immigrants’ rights for damages. Lawyers can work with organizers and the immigrant community to help understand the systems that put them at risk and the laws that they can invoke to defend themselves. This manual will discuss both the law governing individual constitutional rights in arrests, detention and deportation, and the policies and structures that underlie immigration enforcement. With these tools and explanations, we hope that immigrant advocates can hold the government accountable and protect immigrant communities.
Author(s): Elliott Ozment, ILRC Staff Attorneys
Edition: 4
Publisher: Immigrant Legal Resource Center
Year: 2018
Language: English
Pages: 765
City: San Francisco
Tags: u.s. law, american law, american immigration law, law, immigration, immigration law, eoir, removal order, deportation, legal, constitutional rights, removal proceedings, deportation proceedings, immigration court
Acknowledgements
Table of Contents
Chapter 1: Introduction
§ 1.1 Introduction
§ 1.2 Recent Immigration Enforcement Policy Changes
§ 1.3 Background of Immigration Enforcement Operations
§ 1.4 Why Motions to Suppress & Other Legal Challenges Are Important to Combat Unlawful Immigration Enforcement
§ 1.5 Contents of This Manual
Chapter 2: Law & Theory in Support of Motions to Suppress in Removal Proceedings
§ 2.1 Overview of the Chapter
§ 2.2 Questioning and Types of “Stops” of Immigrants
§ 2.3 Identifying a Seizure in the Immigration Context
§ 2.4 Was the Seizure an Arrest?
§ 2.5 The Warrant Requirement in Immigration Arrests
§ 2.6 Searches and Search Warrants
§ 2.7 Was the Fourth Amendment Violation Egregious?
§ 2.8 Was the Violation Widespread?
§ 2.9 Evidence Obtained in Violation of Due Process
§ 2.10 Right to Remain Silent
§ 2.11 Due Process Rights Secured by Regulations
§ 2.12 Warrantless Arrests: Examination and Notifications under 8 CFR § 287.3
§ 2.13 Consulting with a Consulate
§ 2.14 Interrogations and Agency Conduct during Stops and Arrests
§ 2.15 Conclusion
Chapter 3: Applications of the Law for Immigrants
§ 3.1 Introduction and Overview of This Chapter
§ 3.2 ICE Collaboration with State and Local Law Enforcement Agencies
§ 3.3 Secure Communities and Policy Changes in Local Enforcement
§ 3.4 The Priority Enforcement Program and Return to Secure Communities
§ 3.5 Current Authority of Local Police to Make Immigration Stops
§ 3.6 The Fourth Amendment in Context
§ 3.7 The Warrant Requirement in Immigration Arrests and Searches
§ 3.8 Rights in the Home and Other Private Places
§ 3.9 Rights in Public Places
§ 3.10 Rights in Schools and Places of Worship
§ 3.11 Arrests Based on Race or Ethnic Appearance
§ 3.12 Workplace Raids
§ 3.13 Rights in Automobiles
§ 3.14 Rights at the Border
§ 3.15 Rights at Border Equivalents
§ 3.16 The REAL ID ACT and Drivers Licenses
§ 3.17 “Stop and Identify” Statutes
Chapter 4: Immigration Detainer Abuses & Actions of Local Law Enforcement Agents
§ 4.1 Introduction
§ 4.2 Local Police and Immigration Enforcement
§ 4.3 The Changing Contours of Immigration Detainers
§ 4.4 Fourth Amendment Violations
§ 4.5 Due Process Violations
Chapter 5: Procedure for Filing & Litigating a Motion to Suppress in a Removal Proceeding
§ 5.1 Introduction
§ 5.2 Initiation of Removal Proceedings, Initial Client Interview, and Preparation for the Master Calendar Hearing
§ 5.3 The Master Calendar Hearing: Denying the Charges in the Notice to Appear and Filing the Motion to Suppress
§ 5.4 Preparing the Motion to Suppress and Terminate
§ 5.5 Service of the Motion to Suppress
§ 5.6 Evidentiary Hearing on the Motion to Suppress
§ 5.7 Notice of Appeal to the BIA within 30 Days of the IJ Decision Denying Suppression of Evidence
Deportation/Removal Flowchart for Motions to Suppress
Chapter 6: Litigation beyond Immigration Court & Discovery
§ 6.1 Introduction
§ 6.2 The Need for Records from Government Agencies
§ 6.3 State Open Records Laws
§ 6.4 Freedom of Information Act
§ 6.5 Who May Request Records and What May Be Requested
§ 6.6 An Agency’s Obligation to Respond
§ 6.7 Conducting a Reasonable Search for Records
§ 6.8 Agency Denials of FOIA Requests and Appeals Procedures
§ 6.9 Introduction to Litigation Options
§ 6.10 Section 1983 Actions against State or Local Agents
§ 6.11 Bivens Actions against Federal Agents
§ 6.12 Monell Actions against Local Governments
§ 6.13 Actions under the Federal Tort Claims Act
§ 6.14 Introduction to Habeas Corpus Petitions
§ 6.15 Federal Habeas Corpus
§ 6.16 State Habeas Corpus
Chapter 7: Immigration Detention
§ 7.1 Introduction
§ 7.2 Background on Immigration Detention
§ 7.3 Family Detention
§ 7.4 Children and Youth in Immigration Detention
§ 7.5 Select Ongoing Problems with Detention Conditions
§ 7.6 Detention Standards
§ 7.7 Additional Detention Guidelines
§ 7.8 Implementation and Enforcement of Detention Standards
§ 7.9 Rights When Arrested for an Immigration Violation
§ 7.10 Right to Legal Representation
§ 7.11 Rights in Immigration Detention
§ 7.12 Release on an Order of Recognizance (ROR)
§ 7.13 Release on Bond
§ 7.14 Mandatory and Prolonged Detention
§ 7.15 Alternatives to Detention
Chapter 8: Administrative Complaints
§ 8.1 Overview
§ 8.2 Administrative Complaints
§ 8.3 Department of Homeland Security (DHS) Complaint Procedures
§ 8.4 Department of Justice (DOJ) Complaint Procedures
§ 8.5 Filing Discrimination Complaints with Other Federal Administrative Complaint Bodies
§ 8.6 Summary of Complaint Procedures
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R
Appendix S
Appendix T
Appendix U
Appendix V
Appendix W
Appendix X
Appendix Y
Appendix Z
Appendix AA
Appendix BB
Appendix CC
Appendix DD
Appendix EE
Appendix FF
Appendix GG
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