Two Recent Court Rulings on Immigration Enforcement
During my Monday interview on Actualidad Radio‘s Cada Tarde, we discussed two recent federal court decisions involving immigration enforcement.
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On September 18, the U.S. Court of Appeals for the First Circuit issued an important decision concerning removals to “third countries”—countries that were not previously identified as destinations in a person’s removal proceedings.
The court affirmed that, for the class involved in the case, DHS must provide effective notice of the intended third-country destination and a meaningful opportunity to raise qualifying fears of persecution or torture before removal. Importantly, the decision does not prohibit all third-country removals.
We also discussed a recent preliminary injunction from a federal court in California concerning warrantless immigration arrests. The court ruled that, within the Central District of California, federal immigration officers may not make a warrantless civil immigration arrest without first making an individualized determination that there is probable cause to believe the person is likely to escape before a warrant can be obtained. Officers must document the facts supporting that determination.
Both cases concern important limits and procedures governing immigration enforcement, but neither decision should be understood as ending deportations or immigration arrests generally.
Martha L. Arias, Esq.
Immigration Law Attorney
Experienced Immigration Law Attorney
Immigration law continues to change quickly. Anyone who may be personally affected should obtain advice based on the facts of their individual case. For professional and dedicated immigration legal services, reach out to my office at Arias Villa, PLLC in Miami, FL or schedule your consultation today.
