The landscape of immigration enforcement involves ICE agents arresting families in their homes, expansive cooperation with local and state law enforcement, and sweeping surveillance of immigrant communities. The federal government is aggressively trying to conscript local law enforcement officers into immigration enforcement, while ICE raids continue to escalate. All these aggressive immigration enforcement actions make understanding the fundamental rights of immigrants in these situations more important than ever.
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.
New in this Edition
- Updated case law from all 11 federal circuits.
- New strategies and legal theories for holding the government accountable.
- Expanded advice on terminating proceedings based on regulatory violations.
- 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.
- Comparison of circuit case law around the country on the nuances of Fourth and Fifth Amendment rights.
- 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 suppression in the context of violations by local law enforcement agents, including unlawful detention on ICE detainers and the scope of local agents’ authority to be involved in immigration enforcement.
- Discussion of the rights of immigrants in detention and administrative complaint options.
- Many samples and resources for litigation and motions.