Aggressive immigration enforcement actions conducted by the Department of Homeland Security (DHS) make understanding the fundamental rights of immigrants in these situations more important than ever. With the new landscape of immigration enforcement -- including cooperation with local and state law enforcement, reliance on detainers, and enforcement actions without warrants -- the need to understand the constitutional, statutory and regulatory rights of immigrants is imperative.
Motions to Suppress: Protecting the Constitutional Rights of Immigrants in Removal Proceedings is an essential reference book for immigration practitioners. Practical and informative, it covers the relevant sources of law needed to exclude unlawfully obtained evidence in immigration court, provides sample motions to suppress, and addresses the rights of detained immigrants.
This manual includes:
- Clear explanations on the law and theory needed to suppress evidence in immigration court, including the constitutional, statutory and regulatory rights of immigrants at work, at home or in public places.
- Step-by-step guidance on the procedure for filing and litigating a motion to suppress, including an outline of the chronological steps for preparing a motion to suppress, models for client intake, and sample motions to suppress to illustrate the arguments to preserve and assert your clients’ rights.
- An introduction to other litigation options to challenge the actions of those involved in immigration enforcement, such as habeas¸ and claims under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and Bivens actions.
- A chapter dedicated to fighting detainers issued by DHS to hold immigrants in local custody awaiting pick-up by ICE.
- Discussion of the rights of immigrants in detention and administrative complaint options.
- And many samples and resources for litigation and motions!