We get a lot of questions about what it is like to be an immigration lawyer in Washington DC. After all, immigration is a federal matter and Congress and the executive branch are just blocks from our office. In addition to the White House and Capitol Hill, there are the headquarters of the Citizenship & Immigration Service, Immigration & Customs Enforcement, Customs & Border Protection, and the Executive Office for Immigration Review.
At Benach Collopy, we share the outrage over the terrorist massacre in Paris. We weep for the families who lives where turned inside out by a murderous death cult. As residents of another Western capital, we are all too aware that we are also a target of the missionaries of hate. Now, in the name of protecting us, many politicians call for an end to refugee admissions.
What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.
This post was written by BR’s administrative services manager, Naya Gonzalez. 100 women, 100 miles. Waving banners, singing hymns, pushing strollers and full of hope – that’s how 100 women walked 100 miles from an immigration detention center in York, Pennsylvania all the way to Washington, DC, where they arrived Tuesday night. They were inspired by Pope Francis’s call to justice for immigrants all over the world: “We must respond to the globalization of migration with the globalization of charity and cooperation,” the Pope has said.
Since last summer, when the Obama Administration hastily resurrected the concept of family detention to jail refugee women and children seeking asylum, thousands of women and children have languished in inhumane conditions, have been refused meaningful access to counsel and interpreters, have been hurled through bond proceedings with predetermined results, and have been sent directly and expeditiously back to the danger from which they fled – all in violation of U.S.
The Court of Appeals for the 5th Circuit in a 2-1 decision refused the Obama administration’s request for an emergency stay of Judge Andrew Hanen’s injunction against the President’s deferred action (DAPA and DACA+). This action leaves the stay in place, meaning that the administration remains unable to proceed with DAPA and DACA relief to millions of immigrants. Two judges of the 5th Circuit found that the Obama administration was “unlikely to succeed” in establishing that Texas and the other 25 states lack a sufficient injury, or “standing,” to challenge the President’s actions in creating DAPA and DACA+.
Yesterday, several prominent House Democrats called on the administration to end family detention. Organized by Congresswoman Zoe Lofgren of California, the Democrats decried the Obama administration’s detention of women and children fleeing violence in Central America. From the creating of a truncated form of due process in refugee protection to a novel interpretation of bond eligibility to conditions which have caused serious illnesses in the children being jailed by the administration, the entire experience of the gulag archipelago of detention centers was designed not to follow the law and protect asylum-seekers, but as a means of deterrence to other potential refugees.
Once a year immigration attorneys from all over the country march to Washington, D.C. to meet with their elected officials and to encourage them to take action toward fixing this country’s broken immigration system. The event is organized by the American Immigration Lawyers Association and is appropriately called the National Day of Action. This year, one of the issues we put on the list of things to discuss is family detention.
Oral arguments in federal court generate lots of light, but very little heat. One thing every appellate lawyer knows is not to predict the outcome of a case based upon oral arguments. The better legal reporters also understand that. Unfortunately, that maxim was not in display in the reporting surrounding the argument on April 17 in the U.S. Court of Appeals for the Fifth Circuit over the government’s motion to lift Judge Andrew Hanen’s DAPA and DACA injunction.
Don’t be too alarmed by news that Judge Hanen refused to lift his stay on DAPA and expanded DACA. Headlines today blaze that the “Judge” has ruled again the administration. With the interest in the appeal of Judge Hanen’s injunction now (and still) pending before the 5th Circuit Court of Appeals, there can be no doubt that the headlines have caused confusion and consternation rather than clarity.