“You who are so-called illegal aliens must know that no human being is illegal. That is a contradiction in terms. Human beings can be beautiful or more beautiful, they can be fat or skinny, they can be right or wrong, but illegal? How can a human being be illegal?”
—Elie Wiesel, writer, Nobel Prize winner, and holocaust surviver.
“Help! My husband has just been detained by ICE. I don’t know what to do!” Now, more than ever, immigrants are being taken into custody by ICE. A mother, brother, husband, or child has just been detained by Immigration and the family has no idea what do to next. Where is the client? Where will they be taken? What happens next? What are the client’s rights? In this new era, we need to be ever vigilant in how we zealously advocate for our clients. How has the new administration and its policies affected representation of immigrants and immigrants with criminal issues? Is it a crime in itself to be “illegal”? “Hey counsel, just so you know, that guy has a detainer from ICE.” Hearing this at the arraignment could change your entire strategy for how to argue bail and how to effectively and zealously protect your client’s interests. Should you argue to have him held in state custody, or try to get him into federal immigration custody? What should your analysis be?
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