PL v. ICE
In June 2018, Immigration and Customs Enforcement (“ICE”) suddenly stopped bringing detained New Yorkers to appear in person for immigration court proceedings. Brooklyn Defenders and the other New York Immigrant Family Unity Project (“NYIFUP”) providers, who represent New Yorkers in detained immigration proceedings, joined by law firms Wilmer Cutler Pickering Hale and Dorr and Debevoise & Plimpton, challenged ICE’s policy of refusing to produce people in person as arbitrary and capricious. The Plaintiffs brought claims that the policy violates immigrants’ rights to counsel, full and fair hearings, access to courts, and due process, and is particularly harmful for people with disabilities. After the district court found it did not have jurisdiction over ICE’s production policy, Plaintiffs appealed the case to the federal Court of Appeals for the Second Circuit.
See below for important court documents:
Motion for Class Certification
BDS Declaration in Support of Motion for Class Certification
Motion for Preliminary Injunction
BDS Declaration in Support of Preliminary Injunction
Amicus Brief by Center for Constitutional Rights, et. al.
Opposition to Motion to Dismiss
Order on Motion for Reconsideration