National Courts Monitor

VICE News Outlines Another Immigration Narrative

Updated: June 24, 2016

Photo via Wikimedia Commons

While a recent U.S. Supreme Court made mainstream headlines for dealing President Obama a setback on his attempts to aid undocumented residents, a different narrative has been growing among more alternative media outlets. In particular, VICE has produced some powerful reporting on how the Obama Administration is going after asylum seekers from Central America. A recent pice noted that:

[A] legal coalition, known as the CARA Family Detention Pro Bono Project, reported 40 cases of women and children arrested by US Immigration and Customs Enforcement (ICE) since the series of immigration raids began in May. The majority of those arrests took place in workplaces, homes, and schools, and the CARA project alleges that federal immigration officials engaged in “aggressive and inappropriate conduct.”

The Department of Homeland Security has said that immigration enforcement actions would target Central American migrants who had exhausted their legal options to remain in the United States, but the CARA project’s report suggests that in at least 21 of these cases, immigrants have valid asylum claims that have not yet been heard in an immigration court. Moreover, several of those arrested by ICE did not have an outstanding deportation order, according to the group.

You can see the VICE story here: Immigration Raids in the US Are Targeting People with Valid Asylum Claims, According to a New Report | VICE | Canada

“Equally Divided Court” (Sorta) Leaves Obama’s Deportation Executive Order In Limbo

by NCM Staff

Posted: June 23, 2016

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Questions will persist on whether President Obama superceded his authority by creating by executive order the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program designed to defer deportation for millions of immigrants.

Today, the Huffington Post reports the Supremes affirmed a lower court ruling that blocked the program stating simply, “The judgment is affirmed by an equally divided court.” While immigration advocates may lament the loss, the order itself rings hollow given the Administration’s renewed call last month to seek out and deport Border Kids escaping gang and drug cartel violence from Central America.

Irrespective of where one stands on the immigration reform debate, the fact is that the question of executive power was left unanswered because now even the judicial branch has been brought to a standstill.

California ACLU Sues Over Drivers License Suspension

by NCM Staff

Updated: June 20, 2016

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Civil rights groups have filed a lawsuit against a Northern California superior court over its practice of suspending the driving licenses of people too poor to pay what advocates consider exorbitant fees for relatively minor offenses. The San Diego Union-Tribune explains that “… the complaint filed in Solano County Superior Court by the American Civil Liberties Union of Northern California and others claims the court’s actions violate both the state’s vehicle code and due process protections… the legal action comes as lawmakers across the country are recognizing the impact of escalating fines and fees on impoverished people who either go into debt trying to pay off the ticket, or face suspension of critical driving privileges needed to work.”

The report notes that “… last year, California Gov. Jerry Brown announced an amnesty program for certain drivers, calling the traffic court system a ‘hellhole of desperation’ for the poor.” The process of shifting relatively minor offenses, the sort that do not rise to criminal charges that would require legal representation, into jail-worthy offenses has come under fire nationwide. Car-related offenses are one of the biggest issues.

Read the story here: ACLU sues Northern California court over license suspensions

Reform Afoot In D.C.?

by NCM Staff

Updated: June 17, 2016

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Sara Warner, Publisher, National Courts Monitor

Courts Monitor Publisher Sara Warner shares her thoughts on the mayor of Washington, D.C. in the Huffington Post, along with her interview with Mayor Bowser.

Excerpt: “When I came into office, I committed to creating pathways to the middle class,” explained Mayor Bowser. “Those pathways come in different forms – to a stronger education system, to more good paying jobs for District residents, to the kind of services and programs that ensure every Washingtonian gets a fair shot.”

L.A. Times Takes Issues With Denying Immigrants Phone Access

by NCM Staff

Posted: June 16, 2016

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Protestors at the Metropolitan Detention Center during one of several May Day marches in Los Angeles, California. (David McNew/Getty Image

The Los Angeles Times, in an editorial, is heralding a decision to increase phone access to people facing immigration hearings. Among other issues, the LAT notes that part of the problem is that the government contracts detention of those people to private firms, which have their own policies. The newspaper also notes that lack of phone access equates to lack of legal representation, which is a key factor in deciding who gets to stay and who has to go.

The editorial notes that “… a legal settlement this week should help remove one obstacle facing detainees: their lack of access to telephones. In a case filed in a San Francisco federal court, detainees represented by the ACLU and other civil rights groups argued that the conditions of their detention in four California facilities interfered with their right to find counsel, to gather evidence on their own behalf and to receive a fair hearing when they make their cases in court. How were those rights being impeded? Through policies that severely limited their use of telephones.”

In another point, the Times says that “… part of the problem is the immigration detention system itself, which relies primarily on contracts between the federal government and the county jails or private companies that house detainees as well as other prisoners. Those facilities have their own rules about inmate access to telephones that also apply to immigration detainees even though the latter have not been charged with or found guilty of crimes.”

Read the editorial here: Why should immigration detainees be denied access to telephones?