Padilla v. Immigration and Customs Enforcement

Congress has barred lower courts from issuing injunctions restraining the operation of immigration removal proceedings “other than with respect … to an individual alien.” So was a district court right to issue a class-wide preliminary injunction requiring bond hearings for noncitizens who have showed a credible fear of persecution in their home country and are currently held separate from their families in substandard facilities without adequate access to medical care and supplies and with limited access to attorneys? Ninth Circuit: Yes. Individual alien just means it cannot be an organization, and the class is filled with individual aliens. Dissent: Such a reading renders “individual” superfluous.​

Tags: 2020, ICE, Immigration, Ninth Circuit, Preliminary Injunction, Statutory Interpretation

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.