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Strategic Litigation
Global and local law firms partnered with NGOs to successfully litigate against a
variety of laws, policies, and practices impacting on the rights of refugees and others
forcibly displaced.
Detention: Morrison & Foerster worked with NGO partners to support individual
immigration detainees to be released from detention, where they were at a heightened
risk of exposure to COVID-19, and was co-counsel for an impact lawsuit to help
improve conditions in an immigration detention center in Arizona, U.S. In the latter, the
court found the conditions in the center violated the U.S. Constitution and granted a
permanent injunction requiring the detention center to provide detainees with certain
basic minimum standards. A witness in the trial – a former detainee of the immigration
detention center - shared:
“I feel very happy to know that things are going to change in these detention centers
and that people will not have to spend much time under the conditions I was detained
in. I am very happy to know that I helped make things better for all of the people who
follow; so many people will benefit from being treated better during the time they
have to be detained there.”
Orrick worked with local
organizations to secure a
ground-breaking application for
a preliminary injunction to
force
the
United
States
Immigration
and
Customs
Enforcement to take immediate
steps to protect people in
immigration facilities from the
virus
or
release
these
individuals in the interest of
public health.
Deportation: Gibson, Dunn & Crutcher represented a number of local refugee rights
organizations to successfully challenge a proposed rule change that would have
dramatically increased the fees for individuals defending themselves against
deportation, as well as a Trump-administration decision to abolish a policy deferring
the deportation of asylum-seekers and others who came to the United States as
children. Gibson Dunn prevailed in both cases, preventing the policies - which could
have led to wrongful deportation and unlawful refoulement of asylum-seekers in
violation of U.S. treaty obligations and international law - from coming into effect.