Deportation

Deportation

Access to Counsel and the Legacy of Juan Osuna
On November 15, 2018, CMS hosted an event on access to justice, due process and the rule of law to honor the legacy of Juan Osuna, a close colleague and friend who held high-level immigration positions in four administrations over...

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Access to Justice in a Climate of Fear: New Hurdles and Barriers for Survivors of Human Trafficking and Domestic Violence

Kathryn Finley, managing attorney for the Tahirih Justice Center’s greater Washington, DC office, writes on the particularly high hurdles and barriers faced by immigrant survivors of violence in accessing the US legal system. This paper relies on examples gathered from Tahirih Justice Center’s direct work with immigrant survivors of gender-based violence. It also reviews the dynamics of domestic violence, sexual assault, and human trafficking for immigrant victims, and the immigration remedies available to victims of these crimes. Additionally, this paper explores the detrimental impact of the administration’s enforcement initiatives on immigrant victims of crime and on public safety.

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Communities in Crisis: Interior Removals and Their Human Consequences

This paper examines the characteristics of deportees from the United States and the effects of deportation on deportees, their families, and their communities. It analyzes the findings from 133 interviews with deportees at a migrant shelter in Sonora, Mexico and interviews with family members of deportees and others affected by deportation in three Catholic parishes in the United States. These findings include: 1) the deportees had established long and deep ties in the United States, including strong economic and family ties, 2) deportation severed these ties and impoverished and divided affected families, 3) most deportees planned to return to the United States, and 4) the US deportation system treated deportees as criminals and the Trump administration sought to instill fear in immigrant communities. The paper concludes with policy recommendations to mitigate the ill effects of the administration’s policies and promote the integrity of families and communities, including: using detention as a “last resort”; reducing funding to Immigration and Customs Enforcement (ICE); and limiting collaboration between police and ICE and Customs and Border Protection.

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No Agency Adjudication?
Jill E. Family, Commonwealth Professor of Law and Government and Director of the Law and Government Institute at Widener Law Commonwealth, highlights the lack of independence of immigration agency adjudicators (i.e., immigration judges and Board of Immigration Appeals members) to interpret and apply immigration law. She proposes moving removal adjudication to an Article I court, in order to create a system with greater independence and credibility. An Article I court would focus on adjudication only and would not be a part of the Department of Justice, which focuses on law enforcement.

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