Criminal Defense of Immigrants


§ 6.52 IX. Resources

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Ellis, An Introduction to International Prisoner Transfers: Going Home, 23 the champion 32 (National Ass’n of Criminal Defense Lawyers, July, 1999); C. Gordon, S. Mailman, & S. Yale-Loehr, Immigration Law and Procedure § 5.4[b], p. 5-62 (2007); Immigration Considerations in Custody and Release, American Bar Ass’n, A Judge’s Guide to Immigration Law in Criminal Proceedings, Chap. 2 (P. Goldberg & C. Wolchok, eds., 2004); INS Misconduct -- Rights and Remedies in Immigration Law Enforcement, Chapter 6 (National Immigration Law Center 1989); D. Kesselbrenner & L. Rosenberg, Immigration Law and Crimes § 8:2(b) (West 2007); Michael K. Mehr, State Enforcement of Immigration Law, Immigration Holds and Detainers, and Detention of Juvenile Aliens, in K. Brady, Defending Immigrants in The Ninth Circuit § 12.4 (2007).




A Jailhouse Lawyer's Manual: Immigration and Consular Access Columbia Human Rights Law Review, 2007
Christopher N. Lasch, Enforcing the Limits of the Executive's Authority to Issue Immigration Detainers, 35 WILLIAM MITCHELL LAW REVIEW, No. 1 (2008).

Abstract: "The Executive branch uses immigration detainers to control the release of non-citizens from state prisons and local jails by transferring local,state, and federal prisoners to the custody of the Department of Homeland Security (DHS) for "removal" proceedings. This Article surveys the recent history of immigration enforcement efforts targeting so-called "criminal aliens," and then focuses more narrowly on the Executive's current detainer practices. An examination of Congress's limited statutory grant of detainer authority to federal immigration officials shows the Executive branch has exceeded that authority by implementing regulations claiming to be based on a broad general authority to detain. Acting pursuant to these regulations, DHS routinely exceeds Congress's explicit grant of authority in two ways-by lodging immigration detainers without an initiating request from local law enforcement officials, and by placing detainers on persons who have not been arrested for controlled substance offenses. The article concludes with a brief consideration of the various procedural avenues by which DHS's abusive detainer practices may be challenged."
Extradition and Foreign Evidence Blog
Recent reports condemn international law violations related to the increased use of detention in immigration cases. Using international human rights law to advance immigrants' rights in the United States is a developing area of immigration law. See generally Immigration Advocates Network,