Immigrants’ Rights

The Constitution does not apply only to citizens, and there are laws to protect non-citizens and their families from harsh immigration policies. We represent clients in complex immigration matters, removal proceedings and appeals, and litigation for rights violations. With 15 years of experience in immigration law and federal litigation to protect immigrants’ rights, our office proudly helps people navigate our complicated immigration system, make informed decisions, and pursue their legal options.

  • We represent people facing removal proceedings, diligently evaluating all legal options to obtain relief from removal — whether in immigration court, on appeal, or seeking post-conviction relief in state court.

    A number of Bardis’s appeals in immigration cases have resulted in favorable precedent decisions:

    Usubakunov: Protecting the right to counsel in removal proceedings

    Gomez Sanchez: Protecting the rights of people with mental illness seeking the protection of the United States

  • Immigration laws are extremely complex. Whether the government is challenging your citizenship or you need help understanding how evolving immigration laws and policies may impact you, we are here to help you navigate the system and ensure your rights are protected.

    Olivas v. Beltran: Protecting client’s U.S. citizenship when the government challenged it after 40+ years living in the U.S.

  • Sometimes the only way to preserve your rights under immigration law is to sue. If your application is being delayed or your rights denied under an unlawful application of immigration policy, we work with our clients to pursue justice using the court system.

    Cancino Castellar v. ICE: Class action challenging a government policy of excessive delay in presenting immigrants to a judge after incarcerating them

  • If your legal organization needs short-term or project-based assistance on litigation or non-litigation matters related to immigration, we are eager to help achieve your goals and protect your interests.

    Examples of Bardis’s non-litigation work include:

    Discharged, then Discarded: Co-author of report on deported U.S. veterans [written while with ACLU]

    CoreCivic’s Decades of Abuse: Co-author of report on abuses by private prison at Otay Mesa Detention Center [written while with ACLU]

Rights of Incarcerated People

Our region is more impacted by incarceration than most, with an unnerving number of state prisons, county jails, immigration prisons, and federal detention facilities. The vast majority of people imprisoned here are not serving time — they include large numbers presumptively innocent people held pre-trial who can’t afford their bail, alleged non-citizens locked up in supposedly “civil” immigration jails, and victims of crime imprisoned against their will as “material witnesses.” Whether serving time or not, incarcerated people have rights, but our government has imposed countless obstacles to vindicating those rights in our legal system. The harsh conditions inside can have devastating impacts on people inside and their families. Our office will help evaluate your legal options for release or to seek accountability for abuses inflicted while in custody.

  • The government has an obligation to protect the people it takes into custody. Too often it breaches that duty.

    Jones v Gore: Specially appearing for the ACLU of San Diego & Imperial Counties, class action addressing the Sheriff Department’s lackluster response to COVID-19 in San Diego Jails

  • People incarcerated by the government have rights to humane conditions and due process. We can help protect and defend those rights.

  • When people are restrained in violation of the Constitution or laws, habeas corpus is a legal vehicle to seek their release or address the unlawful condition through federal litigation. If you or your loved one is currently incarcerated unlawfully, we can evaluate the possibility of seeking release.

Civil Rights Violations

The Constitution and civil rights laws are meant to protect people from abuse or discrimination by the government. If you think government actors have violated your civil rights or discriminated against you based on a protected ground — such as your race, religion, gender, or disability — our office may be able to help you seek redress or compensation for those violations in court.

  • Sometimes in enforcing our laws, police can go too far. We can help you seek accountability for police abuse.

    P.D. v. SDPD [litigated while with the ACLU]: Addressing a racially motivated stop and unlawful DNA collection from San Diego youth

  • Under laws like the Americans with Disabilities Act and the Rehabilitation Act, people living with disabilities have rights against discrimination and to reasonable accommodations in public services like housing, education, and employment. If you believe your rights have been violated based on your disability, we may be able to help evaluate your options and protect your rights.

Government Transparency and Accountability

The holders of power in our democracy should be its people, but often the government tries to shield its actions from public view. We would like to help be watchdogs for our community. Whether by pursuing and litigating records requests on matters of public concern, or protecting whistleblowers who reveal fraud in government systems, our office is here to help protect the people’s right to know and to demand accountability.

  • The California Public Records Act ensures Californians have access to state and local records, and the Freedom of Information Act does the same for federal records. But too often, the government improperly withholds some records or fails to respond to requests at all. When that happens, litigation may become necessary. We can help ensure you obtain the records the public is entitled to under the law.

  • When witnesses come forward to blow the whistle on fraud by entities working with or for our government, they may have certain protections and remedies under the law. If you have witnessed fraud or contract violations by government contractors, we can help you assess your legal options for protection and compensation.