Blog of Rights

Michael
Tan

Michael Tan is a Staff Attorney at the ACLU Immigrants' Rights Project (IRP).  He is a graduate of Harvard College and the Yale Law School, where he won the Stephen J. Massey prize for best exemplifying the values of the Jerome N. Frank Legal Services Organization.  After law school, Michael clerked for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the 9th Circuit and worked at IRP as Skadden Fellow and a Liman Public Interest Fellow.  His practice includes litigation and advocacy relating to immigration detention and immigrants' access to education.  Outside the ACLU, Michael co-chairs the ABA Committee on the Rights of Immigrants, and serves as a Steering Committee member of the Detention Watch Network and a board member of the Refugee Reunification Project.  Michael also holds a Masters' Degree in Comparative Literature from New York University.

On Eve of Immigration Reform Rollout, Immigration Detainees Win Right to Fair Hearing

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:51pm

Today the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind bars for months or even years, without ever holding a bond hearing to determine if they should be locked up in the first place. In Rodriguez v. Robbins, a class-action lawsuit brought by the ACLU, the Court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.

VICTORY! Wyoming Lets the DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 1:22pm

This week, Wyoming confirmed that it will now provide driver’s licenses to young immigrants who came to the country as children, popularly known as “DREAMers.”  The decision is the latest victory for immigrant youth granted permission to live and work in the country under the federal Deferred Action for Childhood Arrivals (“DACA”) program.

Wyoming thus joins the chorus of states that have decided to let the DREAMers drive.  Generally, states limit driver’s licenses to immigrants who can show they are “authorized" or “legally present” in the United States.  Consistent with guidance from the federal government, the overwhelming majority of states have rightly acknowledged that immigrants granted DACA are legally authorized to be in the country, and thus eligible to drive.

VICTORY! Ohio Lets DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 5:18pm

Last week, Ohio officials confirmed that young immigrants who came to the United States as children—or “DREAMers”—will be eligible for driver’s licenses.  The decision impacts an estimated 10,000 to 20,000 young people who stand to benefit from the federal Deferred Action for Childhood Arrivals (DACA) program.

Ohio joins the overwhelming chorus of states that have gotten with the DACA program. Generally, states limit driver’s licenses to immigrants who can show they are “authorized" or “legally present” in the United States. Consistent with guidance from the federal government, the overwhelming majority of states like Ohio have rightly acknowledged that immigrants granted DACA are legally authorized to be in the country, and thus eligible to drive.

Which Would You Prefer – Spending $164 or $15?

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 10:18am

This week and next, the House and Senate will hold hearings (including this one today) to address the reported release of between several hundred and several thousand immigration detainees from U.S. Immigration and Customs Enforcement ("ICE") custody. Although complete information about the releases is not yet available, ICE's justification that it had determined these individuals could be "placed on an appropriate, more cost-effective form of supervised release" raises a fundamental question, posed among others by Secretary Janet Napolitano herself: why were these individuals detained in the first place?

Victory! Alabama Lets DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:24pm

Alabama officials have announced that young immigrants who came to the country as children—also known as DREAMers—will be allowed to apply for state driver's licenses. The decision affects an estimated 10,000 to 20,000 DREAMers who stand to benefit from the federal government's Deferred Action for Childhood Arrivals ("DACA") program.

The decision is a huge victory for young immigrants like Victor Palafox, a community organizer and aspiring history teacher who lives in the suburbs of Birmingham. Born in Mexico City, he was raised in Alabama, and is actively involved with helping organize communities throughout the state. Alabama's decision will help Victor and DREAMers like him get on with their daily lives—drive to work, go to church, buy groceries, and attend school—and make even greater contributions to their communities.

Victory! Michigan Lets the DREAMers Drive!

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:42pm

Today Michigan announced that it will allow young immigrants who came to the country as children—or DREAMers—to apply for driver’s licenses, reversing the state’s previous decision to ban them from the roads. The ACLU filed a lawsuit in December challenging the prior policy. The announcement affects an estimated 15,000 DREAMers who stand to benefit from the federal government’s Deferred Action for Childhood Arrivals (“DACA”) program.

Victory! Iowa Lets the DREAMers Drive!

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 12:46pm

This week the Iowa Department of Transportation announced that young immigrants who came to the country as children—or “DREAMers”—will be eligible for driver’s licenses—reversing the state’s decision a month ago to ban them from the roads. The decision affects an estimated 5,000 DREAMers benefiting from the Deferred Action for Childhood Arrivals (“DACA”) program, which permits certain young immigrants to remain in the country and apply for work permits on a two-year, renewable basis.

New Federal Guidance Makes Clear That States Should Let the DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:24pm

Today the federal government issued new guidance that should end the latest form of anti-immigrant discrimination at the state level: the decision by certain states to deny driver’s licenses to young immigrants who were brought to the country as children—or “DREAMers.”

Curtailing Immigration Prison System Can Reduce Spending Without Hurting Public Safety

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU & Joanne Lin, Washington Legislative Office at 11:17am

Today, Roll Call published an op-ed we wrote on how curtailing immigration prisons is an easy way for Congress to begin to reduce the deficit, cut government spending, and reform our flawed immigration system.

In addition, there are several steps the Obama Administration can and should take now, without waiting for Congress, to reduce its unnecessary and expensive reliance on immigration prisons.  Here are four:

ACLU Files Class Action Lawsuit Challenging Mandatory Immigration Lock-up

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 9:29am

Garfield Gayle, a 59-year-old green card holder from Jamaica, has lived in the United States for 30 years.

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