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Articles Tagged: Immigration

Immigration reform held up in court

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The Biden Administration has recently issued guidance around which undocumented immigrants law enforcement should prioritize for deportation. The administration has emphasized that undocumented immigrants who pose the greatest threat to public safety should be the first deported. Despite its efforts to reform immigration enforcement, the Biden Administration finds an opponent in Texas Attorney General Ken […]

DACA final rule takes effect this month

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On Halloween this year, the Biden administration’s final regulation on Deferred Action for Childhood Arrivals (DACA) went into effect. The final version of this rule closely reflects the original executive order enacted in 2012 during the Obama Administration. So, what is deferred action? Deferred action is a longstanding immigration practice that is granted by the […]

Advanced “due dates” detract from due process

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In recent weeks, the national news spotlight has been on immigration. Several Republican governors continue to send incoming migrants in buses to left-leaning cities, often without the understanding or consent of those involved. Without legal status, many of these migrants will be seeking defensive asylum to avoid being deported back to danger in their home […]

The Fourth Circuit Allows DHS to Recharge Removability on Same Grounds after Proceedings Terminated Without Prejudice 

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On August 13, the U.S. Court of Appeals for the Fourth Circuit ruled that the Department of Homeland Security (“DHS”)’s termination without prejudice of removal proceedings based on respondent’s conviction of an aggravated felony, do not preclude the government from charging respondent with removability again in the future, based on the same conviction. In Calero […]

Unrepresented Minors in Immigration Court

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The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied.  This surge, as it has been called, created a need for places to house the children and lawyers to defend them.  So how many of those children have actually been allowed to stay in America? And what factors […]

Immigration Court Backlogs Reach All-Time High

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Due to the recent surge of unaccompanied children migrants the backlog in Immigration Courts has reached an all-time high.  At the end of June the back log totaled 375,503 cases, which is an increase of more than 50,000 since the start of the 2013 fiscal year.  Specifically the number of juvenile cases has increased to […]

Two Years Later: The Impact of DACA

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Deferred Action for Childhood Arrivals (DACA) Program is an Obama Administration initiative implemented to extend rights and benefits to the growing number of undocumented youths and young adults living in the United States. The program allows youths and young adults meeting certain requirements to temporarily defer deportation and receive both eligibility for renewable two-year work […]

Opening a Window for Asylum Claims Based on Family Ties

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In Aldana-Ramos v. Holder, just issued on June 27, 2014, the United States Court of Appeals for the First Circuit held that family alone can constitute a particular social group, and thus an asylee who has been persecuted on account of his or her family membership can qualify for asylum. In Aldana-Ramos v. Holder, the […]

Nationality Trends in New Naturalized Citizens in the US

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The Department of Homeland Security (DHS) recently released its Annual Flow Report analyzing naturalization patterns for the preceding year. This report uses administrative records consisting of information from naturalization applications in the preceding year, drawing conclusions as to present and future trends of immigration. In 2013, the United States naturalized a total of 779,929 persons, […]