immigrant justice Kim Nguyen immigrant justice Kim Nguyen

Silva v. U.S. Attorney General

In January 2022, Asian Americans Advancing Justice-Atlanta, the Southern Poverty Law Center (SPLC), the National Immigration Project (NIPNLG), and Foley & Lardner LLP filed a petition for review with the Eleventh Circuit Court of Appeals challenging the deportation of Kelvin Silva and asserting that the exclusion of unwed U.S.-citizen fathers from the former derivative naturalization statute violates Equal Protection.

Status: Ongoing • Issues: Derivative Citizenship, Equal Protection, Fifth Amendment

In January 2022, Asian Americans Advancing Justice-Atlanta and partners filed a petition for review with the Eleventh Circuit Court of Appeals on behalf of Kelvin Silva, challenging a sexist and racist former law that excluded naturalized U.S.-citizen fathers like Mr. Silva’s from passing their citizenship status to immigrant children who were born “out of wedlock.”

Although the Child Citizenship Act of 2000 (CCA) changed this more than 20 years ago, it did not do so retroactively for children who had already turned 18 years old when the CCA took effect on Feb. 27, 2001, excluding thousands like Mr. Silva who immigrated to the U.S. as children decades ago to live with their custodial U.S.-citizen fathers.

The prior law’s limitation on father-to-child citizenship transmission was based on Guyer v. Smith, an 1864 Maryland court opinion holding that the children of a white American father and a Black mother from St. Barthelemy had no claim to U.S. citizenship because they were born “out of wedlock.” 

Congress later codified the Guyer Rule in the Nationality Act of 1940 and recodified it in the 1952 Immigration and Nationality Act (INA), adding a provision to the derivative naturalization statute that allowed naturalized mothers to transfer citizenship to nonmarital children. Naturalized fathers, however, had no ability under the statute to transfer citizenship to their nonmarital children - even if the child was in the father’s full custody. This exclusion had a disproportionate impact on Black immigrants.

Mr. Silva’s petition for review challenges the exclusion of unwed fathers from the former statute for violating Equal Protection and was filed by Asian Americans Advancing Justice-Atlanta, the Southern Poverty Law Center (SPLC), the National Immigration Project (NIPNLG), and Foley & Lardner LLP.

Filed
January 28, 2022

Status
Ongoing

Issues
Derivative Citizenship, Equal Protection, Fifth Amendment

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immigrant justice Kim Nguyen immigrant justice Kim Nguyen

Martinez v. Donahue; Benavides v. Gartland

In April 2020, Advancing Justice-Atlanta, the Southern Poverty Law Center, and Kilpatrick Townsend filed a habeas petition and civil rights complaint on behalf of several medically vulnerable immigrants detained at the three Georgia ICE detention centers to seek their release during the COVID-19 pandemic.

Status: Decided • Issues: Immigration Detention, Indefinite Detention

In April 2020, Advancing Justice-Atlanta, the Southern Poverty Law Center, and Kilpatrick Townsend filed a habeas petition and civil rights complaint on behalf of several medically vulnerable immigrants detained at the three Georgia ICE detention centers to seek their release during the COVID-19 pandemic.

Filed
April 2020

Status
Decided

Issues
Immigration Detention, Prison Conditions, COVID-19

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immigrant justice Kim Nguyen immigrant justice Kim Nguyen

Trinh v. Homan

In February 2018, Advancing Justice-Atlanta filed a nationwide class action lawsuit against ICE to challenge the prolonged and indefinite detention of Vietnamese refugees.

Status: Decided • Issues: Immigration Detention, Prolonged Detention, Indefinite Detention

In 2017, Immigration and Customs Enforcement (ICE) imprisoned dozens of Vietnamese immigrants across the country, including those who came to the United States before July 12, 1995 (pre-1995 Vietnamese).

ICE has historically been unable to remove pre-1995 Vietnamese immigrants with deportation orders to Vietnam. Consequently, ICE for years released pre-1995 Vietnamese immigrants relatively promptly after their deportation proceedings concluded. But ICE abruptly changed its detention practices in 2017 and began imprisoning pre-1995 Vietnamese immigrants for many months.

In February 2018, Advancing Justice-Atlanta, along with Advancing Justice-Asian Law Caucus and Advancing Justice-Los Angeles, filed a nationwide class action in the Central District of California to challenge ICE’s indefinite detention of pre-1995 Vietnamese immigrants under Zadvydas v. Davis.

For more information on deportations of Vietnamese immigrants who entered the U.S. before 1995, please visit this resource page developed by our affiliate, Asian Americans Advancing Justice - Asian Law Caucus

Filed
February 28, 2018

Status
Decided

Issues
Immigration Detention, Prolonged Detention, Indefinite Detention

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immigrant justice Kim Nguyen immigrant justice Kim Nguyen

Singh v. Sessions

In May 2018, Advancing Justice-Atlanta appealed to the Eleventh Circuit Court of Appeals a federal judge’s decision denying the release of an immigrant whose removal ICE could not effectuate.

Status: Decided • Issues: Immigration Detention, Prolonged Detention, Indefinite Detention

In May 2018, Advancing Justice-Atlanta appealed to the Eleventh Circuit Court of Appeals a federal judge’s decision denying the release of an immigrant whose removal ICE could not effectuate.

Filed
May 2018

Status
Decided

Issues
Immigration Detention, Prolonged Detention, Indefinite Detention

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