Nov
1

Immigration Courts Must Consider Conditional Parole as an Alternative to Bond

In recent years, Immigration Judges (“IJs”) have universally denied requests for conditional parole under section 236(a) of the Immigration and Nationality Act (“INA”). IJs countrywide read this statutory provision to mean that a minimum $1,500 bond is required for releasing a detained immigrant. As a result of this interpretation, many indigent and low-income immigrants stay locked up in detention facilities because they could not afford to pay monetary bonds. Many of these individuals do not pose any public safety concerns, and alternative release conditions would...

Jun
18

Where's Mommy - Planning to Help Children When a Parent Is Unavailable

All parents panic at the thought of an emergency that separates a parent from a child and leaves the child temporarily with no immediate care provider.   No parent wants the state to take responsibility for their child, or consider foster care for a temporary situation when better options exists.   This parental concern is even stronger for parents who fear contact with Immigration & Customs Enforcement or another law enforcement agency.  There are legal tools that help a parent prepare for such a scenario.  

In many cases, the period of separation is less than twenty-four hours and...

Jan
18

Can I Ever Get Out? Pursuing Release from Custody

Every year there are hundreds of immigrants who languish for months and often years in county jails or private detention facilities awaiting deportation. Some are seeking asylum; others are legal residents. Many have criminal records for crimes committed years ago, some decades ago. Most are appealing their removal orders, and the vast majority have never had a chance to argue their release in front of an immigration judge. They are denied the opportunity for a “bond hearing,” where the judge would determine whether they are a flight risk or a danger to the community. Many beg for the...