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Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

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second asylum ban ends

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts. In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial,

 

A three-judge panel of the US Court of Appeals for the First Circuit Tuesday overturned a ban prohibiting US immigration authorities from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, US Immigration and Customs Enforcement (ICE) formalized a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. Two Massachusetts district attorneys, the public defender’s office and a non-profit immigrant advocacy organization filed a lawsuit against ICE and asked for a preliminary injunction against the practice. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts. The district court agreed, and granted an injunction last year.

At issue is a claim that the INA implicitly incorporates a common law privilege that protects those attending court from being subject to civil arrest. While nothing in the text of the INA prohibits these types of courthouse arrests, the plaintiffs argued that the law must be read in light of the nonderogation canon, a method of statutory construction that holds that courts must assume Congress is aware of long-standing common law principles and, absent express language to the contrary, intends to keep them.

Judge Bruce Selya wrote Tuesday that “the nonderogation canon does not give courts carte blanche to read a grab bag of common law rules into federal statutes simply to effectuate what those courts may perceive as good policy.” The circuit court held that the nonderogation canon applies if the facts of the common law rule and the statute in question are sufficiently analogous. The common law prohibited civil arrests at court by private litigants, while here the arrests are being carried out by a government agency. The panel vacated the preliminary injunction and remanded the matter back to the district court.

Rachael Rollins, district attorney for Suffolk County and one of the plaintiffs in the case, said in a statement that “this fight is far from over” and that the plaintiffs “are absolutely on the right side of justice here.”

The post Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses appeared first on JURIST – News – Legal News & Commentary.

Source: Federal appeals court overturns ban against immigration arrests at Massachusetts courthouses

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Biden administration tries to tackle large backlog in asylum cases

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According to this article on Fox 43, by Claire Bermudez

“The Biden administration is reportedly moving forward with a plan to shift where asylum cases are handled, in an effort to tackle a sizeable backlog in applications.

The plan, as NPR reports, would try to speed up processing by allowing officials at the Department of Homeland Security to rule on claims without sending them to immigration court, where it would be ultimately up to immigration judges.”

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32 Children Who Were Deported To Guatemala Last Year In Violation Of A Court Order Have Yet To Be Brought Back

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According to this article on BuzzFeed News, by Hamed Aleaziz

“Thirty-two unaccompanied immigrant children who were deported to Guatemala despite a judge’s order have yet to be brought back to the US to apply for asylum, six months after the government admitted it was in the wrong. Now, immigration advocates are ramping up pressure on the Biden administration to speed up the process.

“It has been months since these children were expelled in violation of a court order and we need answers immediately,” said Lee Gelernt, an attorney with the ACLU who led the lawsuit challenging the Trump-era policy. “The children need to be given a chance to speak to us as counsel and the option to return to the US if they choose.””

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Biden administration to resume fast-track deportation procedure for migrant families

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According to this article on WDJT-TV, by CNN

“(CNN) — The Biden administration is planning to speed up deportations for some migrant families who cross the US-Mexico border, the Department of Homeland Security said Monday.

Certain families will now be subject to the fast-track deportation procedure known as “expedited removal,” which allows immigration authorities to remove an individual without a hearing before an immigration judge. The procedure will apply to families who are not swiftly expelled under a pandemic-related border policy.

It’s the latest indication of the Biden administration’s wariness over migrants, including those seeking asylum, journeying to the US southern border. Asked about Vice President Kamala Harris’ “don’t come” message to migrants, President Joe Biden reiterated that “they should not come” during a CNN town hall last week, adding that the administration is trying to tackle the root causes of migration.”

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