By Tom McParland | February 26, 2020
The unanimous Second Circuit panel noted that the federal government maintains broad authority over states and municipalities when it comes to enforcing immigration policies.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | February 14, 2020
In New York state over the last two years, ICE has increased its courthouse civil arrests of undocumented and other aliens by more than 1700 percent. In response, the state of New York and the Kings Country DA filed suit against ICE on a variety of grounds—including because it violates the privilege against courthouse civil arrests—as well as an injunction barring ICE from conducting such arrests. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent denial of ICE's motion to dismiss the lawsuit.
New York Law Journal | Analysis
By Christopher Dunn | February 5, 2020
One of the most important issues now confronting the courts is the extent to which the government can detain immigrants for long periods of time, even indefinitely, without affording them an opportunity for release. With the number of detained immigrants having exploded to nearly half a million last year and with this core constitutional issue inevitably headed back to the Supreme Court, Christopher Dunn examines the due process limits on immigration detention in this edition of his Civil Rights and Civil Liberties column.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | January 16, 2020
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Udeke', in the defendant argued that he was not clearly informed at his plea allocution that he had a right to a jury trial on the class B offense and that his plea accordingly was not a voluntary and knowing waiver of his rights. The court rejected the defendant's argument.
By Dan M. Clark | January 14, 2020
It's significant that the prevalence of ICE in and around state courthouses remained high last year, compared to previous years, because state court officials had actually instituted new rules intended to prevent those arrests.
By Tom McParland | January 7, 2020
U.S. Circuit Judge Susan L. Carney asks how the federal government could be irreparably harmed by continuing to follow a procedure that has been in place for decades.
New York Law Journal | Analysis
By Stuart F. Gartner | January 2, 2020
What is the anticipated result when an order of the court or a judgment of divorce conflicts or contradicts the requirements of an affidavit of support, executed for immigration purposes? The answer may well result in a trap or a malpractice claim against the unwary.
By Jeffrey M. Winn | December 24, 2019
In his latest book, Daniel Okrent examines the 1924 statute and "eugenics," the pseudoscience employed to justify the act's restrictions and prevent so-called ruinous "genetic traits" from poisoning America.
By Dan M. Clark | November 26, 2019
U.S. District Judge David Hurd of the Northern District of New York wrote Tuesday that both the advocacy groups and county officials should have taken a breath over the whole ordeal.
By Tom McParland | November 20, 2019
'I have no clear determination yet on many of the questions raised,' Rakoff said. But he appeared skeptical of the Trump administration's assertion that federal immigration law gives the government exclusive authority to make the arrests, regardless of location.
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