Projects, Units & Initiatives
As a result of harmful changes to law and policy by the Trump administration, Legal Aid’s clients are increasingly unable to access justice before the USCIS and the immigration courts. To ensure that they get a fair hearing, Legal Aid is at the forefront of litigation in federal court—all the way from the district courts to the United States Supreme Court.
Legal Aid’s Immigration Law Unit has grown its Federal Practice team from one attorney with no dedicated paralegal support to a supervising attorney, three staff attorneys, and a paralegal, all of whom work primarily on cases pending before the federal district and circuit courts.
Amongst our many cases, we have appeals pending before the Second Circuit that challenge recent agency decisions limiting immigration relief for survivors of domestic violence and gang violence, and for individuals who cooperated with law enforcement investigation.
We also regularly file habeas corpus cases challenging our clients’ arbitrary and often prolonged incarceration by ICE while they litigate their immigration cases. Many of our clients have suffered past trauma and are at high risk of suffering severe irreparable harm when they are imprisoned by ICE. By securing their release from unnecessary detention, we are able to ensure that our clients can litigate their immigration cases while at liberty.
In addition, we have teamed up with our colleagues in Legal Aid’s Civil Law Reform Unit to bring class action litigation seeking to enjoin some of the Trump administration’s most pernicious and destructive policies, such as the arbitrary denial of relief to young immigrants; the restriction of family-based immigration by individuals who receive means-tested benefits; and ICE’s abduction of noncitizens from New York state courts, without judicial warrants.
Jose* is a young man who has lived in Westchester, New York, since he was four years old. After graduating from high school with honors, he attended culinary school and cared for his sick mother. Two years ago, after an encounter with local police, ICE placed Jose in removal proceedings and detained him in a county jail for fifteen months. As a client of our NYIFUP program, Jose was able to challenge the removal charges and pursue asylum relief, but he had to do so from jail. For many months, ICE refused to transport Jose to his criminal court proceedings, and he was prevented from defending himself in his criminal proceedings. Yet in immigration court, Jose was denied bond because he could not prove that he was not dangerous due to the pending criminal charges.
The Legal Aid Society brought a habeas action in federal district court, on the grounds that ICE must bear the burden of proof in bond hearings. We argued that it simply is not fair to put the burden on Jose to prove that he merited his freedom, particularly when ICE was preventing him from defending himself in criminal court. The judge agreed and ordered a new, constitutionally-adequate bond hearing. After fifteen months in ICE detention, Jose was at last released and reunited with his family while he continues to pursue his immigration case. The government appealed this habeas grant. With the support of a broad coalition, The Legal Aid Society is defending the right to a constitutionally-adequate bond hearing in the U.S. Court of Appeals for the Second Circuit for all individuals who find themselves in Jose’s situation.
*All client names and certain other personally identifying details have been altered to protect clients’ confidentiality.
Last Updated: 4 August 2021
2021 The Legal Aid Society. All Rights Reserved