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    Publications

    Border Primer: Immigration Enforcement Mechanisms at the U.S. Border

    The Border Primer has been updated! The U.S. southern border has been the subject of a great deal of scrutiny by policy makers, legislators, the federal judiciary, and the media. This primer aims to provide a broad introduction to the enforcement mechanisms employed at the U.S. southern border for practitioners and others seeking to understand them. Major contributions were given by Commission members Denise Gilman, Melissa Crow, Deena Sharuk, as well as Commission staff.

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    Electronic Monitoring of Migrants: Punitive not Prudent

    Across the United States every day, hundreds of thousands of migrants find themselves in de facto detention due to electronic monitoring. A global positioning (GPS) device affixed to their ankle or a cellphone in their pocket with the SmartLINK application tracks their every move. The Government asserts that its use of electronic monitoring, as part of the Alternatives to Detention (ATD) program, is a cost-effective alternative to detaining migrants to ensure that they attend all their Immigration Court hearings, report as required for immigration check-in appointments, and submit to removal from the country, if so ordered. Despite the name, however, electronic monitoring programs are not true alternatives to detention. They are an expansion of detention that imposes a significant financial cost on taxpayers and a considerable human toll on the participants and their family members.

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    2023 Survey Results on Adherence to ABA Unaccompanied Children Standards are Available Now!

    In August 2023, the American Bar Association’s (ABA) Commission on Immigration (COI) and the ABA Children’s Immigration Law Academy (CILA) conducted a national survey to assess compliance with the ABA Standards for the Custody, Placement, and Care; Legal Representation; and Adjudication of Unaccompanied Children in the United States (ABA UC Standards). The results of that survey are now available to download.

    Download the Survey Results - Here

    PRACTICE ADVISORY: Common Obstacles when Representing Afghans in Immigration Proceedings

    This practice advisory is intended to orient practitioners navigating common obstacles in the representation of Afghan asylum-seekers in the United States. The advisory illuminates the complexities of these matters by discussing the historical context of the crises in Afghanistan, common types of Afghan asylum cases; commonly applied bars to asylum; potential ethical issues; considerations for Afghans arriving at the Southern border; and an appendix of tools and resources.

    Download the advisory - here

    Guide For Family & Friends Of Individuals In ICE Detention

    When a friend or family member is arrested and placed in immigration detention, it can be devastating. It is common for family and friends to wonder: What happens next? What are my loved one’s rights? What resources are available to help them? This guide describes Immigration and Customs Enforcement’s (ICE) responsibilities to detained individuals.

    Download The Guide - Here

    Pro Bono Matters for Children Facing Deportation

    Thousands of children must face immigration judges each year without appointed counsel. With representation, asylum seekers have a five times greater chance of winning their case. Follow the link for pro bono opportunities nationwide to support children. Funded by the Vera Institute of Justice, "Pro Bono Matters for Children Facing Deportation" allows lawyers to search and share available pro bono cases for unaccompanied children (UC) detained by the federal government or released to live with family members while in deportation proceedings.

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    ICE Detention Standards: Immigration Detention Facilities’ Responsibilities and Detained Individuals’ Rights: A Guide for Practitioners

    This resource was envisioned and drafted by COI Special Advisor Dora Schriro, to help inform practitioners who work with individuals in ICE detention centers about ICE detention standards. We are very proud to offer this resource because it does not only summarize the most salient detention standards, but it also provides useful information on how and where to make complaints when individuals’ rights are violated.

    Read The Guide - Here

    Achieving America’s Immigration Promise: ABA Recommendations to Advance Justice, Fairness and Efficiency

    This document lays out the ABA’s top policy recommendations in the immigration system for the new administration. The document is divided into five sections, all priority areas for ABA policy and advocacy efforts: I. Reform the administrative adjudication process; II. Ensure access to counsel: III. Minimize reliance on immigration detention; IV. Restore humanitarian protections; and V. Preserve the rights of unaccompanied immigrant children.

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    Pro Se Materials

    Archived Publications

    Archived publications from the ABA Commission on Immigration

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