Legal Strategies to Challenge Detention and Expedited Removal Under Renewed Executive Powers
Habeas and Unlawful Removals Under Trump 2.0
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will coach immigration attorneys on a rapidly evolving detention and removal landscape under the current administration's enforcement protocols. Habeas litigation can be essential to protect liberty and due process rights for noncitizens following the reactivation of mass immigration enforcement tools. These tools—including expedited removal, §212(f) proclamations, and the use of the Alien Enemies Act—mean that immigration counsel must now prepare to challenge both civil detention and unlawful removal in federal courts.
Outline
- Introduction
- Habeas corpus in immigration detentions
- Legal framework and constitutional foundation
- Immediate custodian rule and procedural considerations
- Evidentiary hearings, non-Rule 26 discovery, All Writs Act
- Using habeas to return clients or block removal
- Unlawful removals and national security powers
- Alien Enemies Act (AEA)
- Section 212(f) expulsions
- Third-country removals
- Bringing it all together: strategies for clients in detention or at risk for removal
- Conclusion
Benefits
The panel will review these and other important issues:
- The appropriate use of habeas corpus to challenge immigration detention and removals
- Jurisdictional and procedural rules for habeas petitions
- Federal court strategies challenging expedited removal, §212(f) bans, and Alien Enemies Act removals
- Emerging litigation tactics, including coordinated use of the All Writs Act, APA claims, and injunctive relief
Faculty
Mark Stevens
Attorney
Clark Hill
Mr. Stevens focuses on litigating immigration matters against federal government agencies. He represents clients before... | Read More
Mr. Stevens focuses on litigating immigration matters against federal government agencies. He represents clients before DOL, USCIS, ICE, CBP, DOS, ORR, and the immigration courts. Mr. Stevens also maintains a robust appellate practice, winning appeals at high rates before the BIA, AAO, and circuit courts. He previously managed high-volume practices in a range of areas, including labor certification (PERM), special immigrant juvenile status, consular processing, waivers of inadmissibility, and deportation defense.
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