Wednesday, April 12, 2017

Nat'l Immigration Project on Defending Against ICE Courthouse Arrests

In the category of "Required Reading for Immigration Lawyers Practicing in the Trump Era":

The National Immigration Project has just released a practice advisory authored by Dan Kesslebrenner and Sejal Zota entitled, "Remedies to DHS Enforcement at Courthouses and Other Protected Locations." The advisory suggests that in cases where DHS fails to comply with certain statutory protections under 8 U.S.C. 1229(e), noncitizens may be able to argue that removal proceedings against them should be terminated.

Section 1229(e) reads in whole:

(e) Certification of compliance with restrictions on disclosure
(1) In general
In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title have been complied with.

(2) Locations
The locations specified in this paragraph are as follows:
(A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization.
(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (U) of section 1101(a)(15) of this title.


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