Published: November 2015
Last Updated: November 2018

From the program: Habeas Petitions for Detained Immigrants

Released on: Mar. 6, 2017

The U.S. Department of Homeland Security detains more than 400,000 noncitizens in civil immigration detention every year. A congressional quota mandates that Immigration and Customs Enforcement (ICE) maintain 34,000 beds daily for immigrants in detention, many in privately run detention facilities. Tens of thousands more are subject to onerous conditions of release, including high bonds and GPS tracking devices. Immigrants who are detained include ...

From the program: What Immigration Attorneys Need to Know to be an Emergency Responder to ICE Enforcement Actions

Released on: May. 17, 2017

U.S. Immigration and Customs Enforcement (ICE) has broad authority and discretion in respect to how it enforces immigration laws within the constraints of federal law and the Constitution. In January 2017, the President issued two Executive Orders, which directed ICE to prioritize the removal of more categories of immigrants in the United States than before and to more frequently use summary removal procedures and detention. The policies and practices ...

From the program: Motions to Suppress and to Terminate Removal Proceedings: Litigating Fourth Amendment Violations in Immigration Court

Released on: Jun. 6, 2017

Threats of increased immigration enforcement, promises of increased hiring of immigration and border patrol agents, and the elimination of “priority enforcement” categories likely mean a return to unconstitutional practices such as racial profiling and unreasonable searches and seizures, forced entry into homes, and workplace raids. The constitution provides a remedy for egregious constitutional violations by immigration authorities: immigration ...

Published: July 2017

From the program: Emergency Legal Challenges to Imminent Removals: Emergency Petitions for Review of Administrative and Reinstatement Orders, Emergency Motions to Reopen, and Whether Habeas Might Be a Viable Option (Free)

Released on: Jul. 14, 2017

In 2015 alone, there were 333,341 documented removals, or deportations, from the United States. Not only is the large number of removals concerning, it is particularly alarming that so many removals could have been successfully challenged, but so many of the deportees were never advised regarding any such options. Many individuals facing removal do not obtain legal assistance, and unwittingly forfeit critical rights and legal protections. This training ...

From the program: Ethical Considerations for Attorneys Representing Detained Immigrants (Free)

Released on: Aug. 3, 2017

As of April 2017, there were 884 individuals detained ICE custody in Northern California alone.  And in fiscal year 2016, the Department of Homeland Security reports having apprehended 530,250 individuals nationwide and conducted a total of 450,954 removals and returns. We are fortunate that in recent months, private and public funding has increased for pro bono representation of detained immigrants in several localities around the country. Representation ...

From the program: FTCA and Other Civil Rights Claims - Immigration Enforcement & Damages Actions (Free)

Released on: Aug. 25, 2017

Increased immigration enforcement is likely to include enforcement practices that give rise to damages actions.  Claims under the Federal Tort Claims Act, Bivens, and Section 1983 are important tools to combat abusive enforcement practices and ensuring that federal and local law enforcement abide by their constitutional obligations. This program will give a general overview of each of these claims. We will also discuss employing a media strategy, ...

Recorded on: Aug. 24, 2017

JULIA HARUMI MASS: Hey, we're back. Thanks, everyone. I just wanted to mention we gave a shout out to Joe Browning before who is terrific in helping us out here at PLI. But the folks who filed this case are the Legal Aid Justice Center in Covington and Burling, so we wanted to give a proper shout out to those attorneys who brought this case that Araceli was mentioning earlier. And Howard, who is my esteemed co-counsel on a case he's going to talk ...

Recorded on: Aug. 24, 2017

JULIA HARUMI MASS: Good morning, everyone. I'm happy to be here, and thank you for being here with us. I want to-- first, I'll introduce the remainder of our panel just briefly. There are bios in your materials. But Araceli Martinez-Olguin is an impact litigator and advocate-- policy advocate with Community Legal services of East Palo Alto. And having worked at the US Department of Education, Office for Civil Rights, and the American Civil Liberties ...

From the program: Providing Legal Assistance in the Aftermath of the NorCal Wildfires

Recorded on: Nov. 28, 2017

Taken from the Web Program Providing Legal Assistance in the Aftermath of the NorCal Wildfires Recorded November 2017 in San Francisco FEMA Appeals, Recoupment and Other Issues for Disaster Survivors [01:08:00] Types of Individual assistance programs; eligibility; application process Denial of assistance: commons reasons for denial Appeals process: how to file an appeal, appeal requirements and documentation Recoupment issues  ...

Recorded on: Nov. 28, 2017

SPEAKER: Hello, everybody, and welcome back. We are turning now to the question of FEMA benefits and recruitment and appeals. And to cover those topics, we have William Friedman. William is the Acting Director of the New York Legal Assistance Group, or NYLAG's Storm Response Unit in New York City. That unit provides comprehensive legal services to victims, or survivors, of Superstorm Sandy. And his practice areas have included, in addition to FEMA ...

Course Handbook from the program 50th Annual Immigration and Naturalization Institute, held December, 2017.

From the program: Under Pressure: Representing Clients in Reasonable Fear and Credible Fear Interviews in the Trump Era

Released on: Dec. 19, 2017

Under Pressure: Representing Clients in Reasonable Fear and Credible Fear Interviews in the Trump Era Lecture Topics [Total Time: 02:07:50] Overview of Credible and Reasonable Fear Processes & Relief for Asylum Seekers Legal landscape and overview of credible and reasonable fear interviews including: the basics of expedited removal, administrative removal, and reinstatement procedures; overview of asylum, withholding, and CAT relief; ...

Course Handbook from the program Basic Immigration Law 2018, held February 2018.

From the program: Basic Immigration Law 2018

Released on: Feb. 15, 2018

The program will provide an overview of U.S. immigration law, including current developments and trends. Expert faculty will discuss the relevant governmental agencies, immigrant and nonimmigrant visa categories, inadmissibility and removability, naturalization, and issues that employers face, as well as ethical issues that can arise for the immigration practitioner.  The program will serve as an excellent introduction or refresher regarding ...

Recorded on: Feb. 9, 2018

CYRUS D. MEHTA: OK, so we're going to start our next session. And the next session will focus on immigrant or permanent visa categories. The last one was on nonimmigrant or temporary visa categories. This is on permanent visa categories and how people can live here permanently with green cards. We, again, have a very distinguished panel. And to my near left is Deborah Notkin, who's a partner in the leading firm of Barst Makumal & Kleiner. Debbie ...

Recorded on: Feb. 9, 2018

CYRUS D. MEHTA: I'm not going to take my position next to Lindsay, because I made my introductory remarks. And it is now time to start the first topic, which is to provide you with an overview of the US immigration system and current trends. Now, what we plan to do in this overview panel is to not just kind of go into what the lawyers, but we also thought that we would inject it with policy, with history, and also kind of give you some introduction ...

Recorded on: Feb. 9, 2018

CYRUS D. MEHTA: OK, thank you very much. This is our last session for the day. And what we're doing is many topics in this last session. And it's going to be a 90 minute session, which will be divided among the various topics. So we're going to focus on an update on the New York USCIS District Office. We're going to have an update on naturalization. And then we're going to get into a discussion on employer sanctions and compliance. So we're trying ...

Recorded on: Feb. 9, 2018

CYRUS MEHTA: To save time, I'm going to introduce the new panel, while my colleagues are getting ready. This segues into what we were talking about. And you'll get more details on nonimmigrant visa categories. And the panelist will even take you through various strategic considerations. What would be the optimum visa for a client. Because when a client comes into the law firm, they don't come with a mark on their forehead saying, I'm L visa eligible ...

Recorded on: Feb. 9, 2018

CYRUS MEHTA: OK, so as the speakers are settling down, let me just introduce the panel. The next one will be Inadmissibility and Removability, Grounds, Consequences, Custody, and Immigration Court Proceedings. We've shifted gears now, and in the morning we spoke about getting benefits. Here we're going to give you a perspective of how people get put into removal proceedings or how they can be found inadmissible. And as usual, we have a fabulous panel. ...

Recorded on: Feb. 9, 2018

CYRUS D. MEHTA: Hello, everybody. Welcome back. We're going to start our afternoon session with Ethical Issues in Immigration Practice. There are lots of ethical issues that come about. And we have the best speakers to teach you about ethics and highlight some of the ethical minefields. On my near left is Victoria Neilson, who's the legal director of the Immigrant Justice Corps, the country's first immigration legal fellowship program and an outgrowth ...

Recorded on: Mar. 6, 2018

Taken from the One-Hour Briefing Recorded March 2018 in New York Right to Privacy at the Border Under the Trump Administration [01:01:25] Imagine this: you’re returning to the United States after a quick business trip abroad. While going through customs, you are unexpectedly pulled to the side and brought in for secondary inspection. The officer asks for your cell phone and the password to access its content. What should you do? Well, the answer ...

Recorded on: Mar. 13, 2018

AMY: It is now my pleasure to turn the briefing over to Rosanna Berardi. ROSANNA BERARDI: Hello. Good afternoon, everyone. I'm Rosanna Berardi. I'm the managing partner of Berardi Immigration Law. We're a business immigration firm located at the US-Canadian border in Buffalo, New York. Slide two. So today we're going to talk about the right to privacy at the border under the Trump administration. We're going to do an overview of the US constitution ...

From the program: Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases (Free)

Released on: Mar. 21, 2018

In today’s enforcement environment, it is essential for all immigration practitioners who advise or represent immigrants with final orders of removal to know how to recognize various bases for reopening cases and skillfully put together motions to reopen.  A motion to reopen may be the only way to rectify old mistakes in the case, or raise new legal arguments and forms of relief.  At the same time, a badly-prepared motion to reopen ...