Publications ArchivePublication Category: Amicus Briefs
Tahirih and Partner Organizations Submit Amicus Brief Before BIA
Tahirih and partner organizations submitted an amicus brief to the Board of Immigration Appeals (BIA) on why a Notice to Appear from the Department of Homeland Security (DHS), which does not include any allegation as to admission status for a non-citizen, is legally insufficient and justifies terminating the case to remove the non-citizen.
Amicus Brief Filed in Torres v. Barr
The Tahirih Justice Center and partner organizations filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in support of a petitioner seeking to challenge that court’s view concerning when an individual is an applicant for admission to the United States. The brief highlights that the court’s existing interpretation threatens to render many VAWA self-petitioners inadmissible.
Amicus Brief Filed in United States v. Sineneng-Smith
The Tahirih Justice Center and partner organizations filed an amicus brief in the Supreme Court of the United States in United States v. Sineneng-Smith. The case centers on the validity of a statute prohibiting any speech that “encourages or induces” a noncitizen to “come to, enter, or reside in the United States, knowing or in reckless disregard” that the noncitizen’s presence here “is or will be in violation of law.” The brief emphasizes that the statute violates the First Amendment because it purports to criminalize accurate and ethical advice given to survivors and other immigrants by lawyers, social workers, and other advisers.
Amicus Brief Filed in Make the Road NY v. Wolf
The Tahirih Justice Center filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit in Make the Road NY v. Wolf, No. 19-5298, which challenges 2019 regulations that seek, for the first time, to apply expedited-removal procedures to any person who cannot prove to an immigration officer’s satisfaction that she has been in the United States continuously for at least two years. The brief, filed on behalf of Tahirih and six partner organizations, illustrates the ways in which the expansion of expedited removal would disproportionately harm survivors of trafficking and gender-based violence and frustrate Congress’s efforts to protect those survivors.
Amicus Brief Filed in NWIRP v. USCIS
The Tahirih Justice Center and partner organization filed an amicus brief in the U.S. District Court for the District of Columbia in NWIRP v. USCIS, No. 19-cv-3283, which challenges new restrictions on the ability of immigrants to obtain fee waivers from U.S. Citizenship & Immigration Services. The brief demonstrates that the restrictions will unnecessarily burden survivors of abuse, trafficking, and violence—and that those restrictions violate Congress’s intent of ensuring that all survivors have the ability to access necessary relief from the agency.
Amicus Brief Filed with the U.S. Court of Appeals for the Third Circuit
The Tahirih Justice Center and partner organizations filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Campos Tapia v. Barr. The brief emphasizes that domestic violence is not a purely personal matter beyond the reach of asylum protections and that gender-based violence in Mexico is often inflicted on account of feminist political opinions.
Amicus Brief Filed in the Federal District Court in Maryland
The Tahirih Justice Center and partner organizations filed an amicus brief with the U.S. District Court for the District of Maryland in a challenge to the public charge rule. This rule makes it more difficult for certain immigrants to obtain legal permanent residence (i.e., a “Green card”) if they have used a range of public benefits, such as food stamps, non-emergency Medicaid, certain prescription drug subsidies, and housing vouchers.