DOJ Immigration Reform Must Overturn Harmful Precedent

By Andrew Wachtenheim (July 26, 2021, 5:13 PM EDT) -- Earlier this month, in a significant victory for immigrant rights, the U.S. Court of Appeals for the Second Circuit struck down a key part of a U.S. Department of Justice administrative opinion that allowed the federal government to use criminal convictions pending appeal as the basis for deportation, detention or denying protection.[1]

While the ruling in the case, Brathwaite v. Garland, is an important and consequential decision for immigrants and their advocates, the court's intervention illuminates a much larger problem. Over the last two decades, a disturbing body of administrative opinions has developed at the DOJ.[2]

The opinions, just like the...

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