Immigration Resources
Take Action: End the Detention Bed Quota
An average of 34,000 immigrants must be incarcerated per day by U.S. Immigration and Customs Enforcement (ICE), thanks to a little-known Congressional mandate. This quota has steadily risen since it was established in 2006 by conservative lawmakers who insisted that the agency wasn’t doing enough to deport unlawful immigrants. Learn more about the quota and how you can take action to oppose it from Detention Watch Network:
Learn More: Strategic Litigation to Reform the Immigration System
In the absence of comprehensive immigration reform, advocates are trying alternative approaches to improving the immigration system and protecting the rights of immigrants. Appealing immigration decisions to the Supreme Court is one way to try to correct decisions by the Board of Immigration Appeals (BIA) that violate the rights of immigrants to family or to asylum from persecution.
Before the end of June, the Court will decide Mayorkas v. Cuellar de Osorio, a case that examines whether the government’s interpretation of the Child Status Protection Act (CSPA) is overly narrowIndividuals who are over 21 are not considered “children” for immigration purposes and cannot be included on a parent’s immigration application. . The CSPA allows children who turn 21 while an immigration petition is pending to continue to be considered “children”. The Board of Immigration Appeals has said that children who included on a parent’s visa petition do not benefit from the CSPA and must restart the immigration process from the beginning if they turn 21 before their parent’s petition is granted. Read more and watch for the decision here: This case is important because our report found that immigrants face lengthy delays in their immigration cases. They should not be penalized and separated from their family members because of an overwhelmed and backlogged system.
The Advocates has also asked the court to review a case, Goromou v. Holder, which challenges an aspect of the one-year filing deadline for asylum claims. The BIA is very strict about when it will allow an asylum seeker to submit an application after the one-year filing deadline, and it claims that courts cannot review its decisions on this issue. The Advocates argues that the courts have the authority to review the BIA decisions and that the Board’s interpretation of one such exception to the filing deadline is too narrow. Read more about the Goromou case