Immigrants Have Rights!

There are many legal questions that have arisen in connection with increased immigration raids by the federal government.  Are individuals arrested in immigration raids protected by the 4th and 5th Amendments and entitled to freedom from unreasonable searches and to the right to remain silent? Can those arrested during an immigration raid file a motion to suppress the evidence that ICE obtained? We want to alert you to resources about motions to suppress available through the Immigration Advocates Network (IAN) and our partner organizations. On Immigration Advocates Network: The “Raids and Immigration Enforcement Library” is coordinated by the National Immigration Project of the NLG and contains manuals and other information prepared by the Immigrant Legal Resource Center and others. The library contains: – Overview of Motions to Suppress – Law and Theories for Motions to Suppress – Guide and Checklist for Legal Arguments in Support of Motion to Suppress – Procedure for Filing and Litigating a Motion to Suppress in a Removal Hearing – INS v. Lopez-Mendoza – Sample Form I-213 – IJ Decision in Motion to Suppress Case – Sample Motions to Suppress – Sample Motion to Suppress with Affidavit, Motion to Terminate – Sample Motion to Suppress and Issuance of Subpoenas – Motion to Suppress including brief and ICE reply brief filed by Yale Law School Immigration Clinic – Sample Memorandum in Support of Motion to Suppress – Sample Motion to Suppress by Stanford Law School Immigrants’ Rights Clinic – Sample Brief for Motion to Suppress – Mock Hearing on Motion to Suppress and Terminate Proceedings, and Immigration Judge Decision (NY) – IJ Decision in Motion to Suppress Case Ordering Hearing and Subpoenas All of these documents are available under the “Legal” folder in the Raids Library at http://www.immigrationadvocates.org/link.cfm?10840 (login required) Other motion to suppress materials: The ABA Commission on Immigration The ABA Journal includes an article on the suppression of evidence in immigration cases at http://www.abajournal.com/magazine/illegal_aliens_on_ice/ The National Immigration Law Center The National Immigration Law Center’s website includes information about the right to suppress evidence when evidence is obtained from an employer seeking to retaliate during a labor dispute at http://www.nilc.org/immsemplymnt/IWR_Material/Attorney/Issue_Brief_Workplace_Rights_post_Hoffman_3-06.pdf

KJ