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Institute & Meetings (2011 Litigation Meeting)

Litigation Meeting Materials

Folder Materials

How do we stop states and localities from adopting and enforcing local immigration measures? (Arizona copycat bills)

Prolonged detention/detention conditions

Outline of questions for discussion in the detention small group session

1. Larger perspective discussion

  • What are our overall goals with respect to immigration detention? What do we want to accomplish?
  • What aspects of these goals can be achieved through litigation?
  • Until now, litigation and litigation strategizing has focused on the following areas:
    • Prolonged and mandatory detention
    • Conditions
    • Transfers
    • Short-term detention conditions
    • Obtaining a prompt hearing before an IJ for all detained
    • Damages for unlawful detention
    • FOIA suits to obtain detention related information
  • Are these the right issues to be focusing on and/or are there other issues we should be addressing?

2. Move onto a discussion of specific issues and work to be done on those issues

Motions to Suppress

How do we obtain government appointed attorneys in removal proceedings?

  • Franco-Gonzales v. Holder, Amended Preliminary Injunction Order finding government must appoint representation for two individuals with mental disabilities (2011) and plaintiff’s brief
  • Matter of L-T-, brief addressing right to counsel for noncitizen with mental disabilities (2010)
  • Matter of B-Z-, brief addressing right to counsel for noncitizen with mental disabilities (2011)
  • Gonzalez Machado v. Ashcroft, order granting motion to dismiss in case seeking appointed counsel for child (2002)
  • Gocke v. Ashcroft, Report and Recommendation finding right to appointed counsel for person with mental disability and Order not adopting R&R (2003)

How do we prevent local enforcement agencies from cooperating with DHS? (Detainers, 287(g), Secure Communities)

Criminal issues

Problems related to removal proceedings

Padilla issues

Prosecutorial Discretion Survery