Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations

Few are aware that Congress provided a statutory remedies in 8 U.S.C. § 1229(e)2 that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings. At a time when DHS enforcement is terrifying immigrant communities, 8 U.S.C. § 1229(e) may provide a potential mechanism to enable noncitizens avoid removal. The advisory discusses the statutory protections, suggests a termination remedy for violations, and addresses selected arguments that DHS might make to oppose termination.