The “Circumvention of Lawful Pathways” Rule Leaves Indigenous Peoples with No Pathway to Seek Asylum
A solidarity letter to support Indigenous Peoples’ concerns about the exclusion of Indigenous Peoples from “lawful pathways” to seek asylum under recent changes to U.S. asylum processes.
The Biden Administration recently announced an Asylum Ban for those seeking asylum at the U.S.-Mexico border who have not followed limited “legal pathways” or sought, and been denied, asylum in a third country en route to the border. This Practice...
This factsheet breaks down four essential facts about Sections 1325 and1326 prosecutions and 0addresses how they are used today. To learn more about how the laws impact people prosecuted for immigration-related offenses, read our amicus brief filed...
U.S. Customs and Border Protection (CBP) requested public input in April 2022 on specific processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light...
Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called...
Rooted in Racism: The Human Impact of Migrant Prosecutions highlights trends and stories of people prosecuted for unauthorized entry or reentry under 8 U.S.C. § 1325 and § 1326, and the implementation and enforcement practices of Customs and Border...
This advisory first reviews the case history and the precedent governing the legal situation Mr. Palomar-Santiago was in when he was charged with illegal re-entry. It then addresses both Mr. Palomar-Santiago’s and the government’s arguments before...