The Immigration Clinic has created self-help flyers and other resources for detainees in Immigration proceedings to use when applying for legal relief. These resources are meant to guide detainees through the difficulties of immigration law, but do not constitute legal advice.
The Immigration and Human Rights Clinics began a collaborative effort in January 2011 to halt deportations to Haiti in view of the ongoing effects of the January 2010 earthquake, the cholera epidemic, and political unrest. Read more about this collaborative effort.
The Clinic sought guidance from U.S. Citizenship and Immigration Services (USCIS) about whether certain criminal dispositions constitute misdemeanors within the meaning of the Temporary Protect Status statute and regulation (see letter requesting guidance). In response to the Clinic's request, USCIS issued guidance stating that a conviction in which criminal court had certified that the defendant would receive no jail time falls outside the definition of a misdemeanor for TPS eligibility.
The Clinic had requested guidance because Florida courts routinely certify in minor cases that the defendant will not receive any jail time, thus taking away indigent defendants' right to an attorney at government expense. Because the TPS regulation specifies that a misdemeanor is a crime "punishable by imprisonment for a term of one year or less," convictions obtained after a "no jail" or "no incarceration" certification fall outside the TPS definition of misdemeanor.
In its January 21, 2011 guidance, USCIS agreed with the Clinic's position.
The Clinic challenges unlawful government actions against immigrants by litigating motions to suppress evidence and terminate immigration court proceedings and civil damage actions. The suppression case, Jimenez v. U.S. Attorney General, is scheduled for oral argument before the U.S. Court of Appeals for the Eleventh Circuit. The Jimenez case challenges the actions of local police who exceeded the scope of their arrest authority by enforcing civil immigration law, in violation of the U.S. Supreme Court's decision Arizona v. United States. Read the Clinic's opening brief to the Eleventh Circuit, the government's response, the Clinic's reply, and the amicus brief filed by American Immigration Council.
In another suppression case, an immigration judge excluded unlawfully obtained evidence and terminated removal proceedings after finding that local police physically mistreated the Clinic's client and detained him until immigration agents arrived. Click here to read the immigration judge's decision in this case.
The Clinic recently resolved a federal damages lawsuit filed on behalf of an immigrant who was attacked by a detention officer at Krome Service Processing Center. To read about this case, click here. In January 2013, the Clinic co-sponsored a training on Immigration Damages Litigation.
The Immigration Clinic and the Human Rights Clinic began a collaborative effort to halt deportations to Haiti in view of the ongoing effects of the January 2010 earthquake, the cholera epidemic, and political unrest. Read more about this project.
Here are the amicus briefs in cases dealing with the implementation of the Supreme Court's decision in Padilla.
Florida Defender: The Immigration Clinic has undertaken multiple efforts to ensure that the U.S. Supreme Court's landmark decision in Padilla v. Kentucky is properly implemented in Florida.