Immigration Courts
Immigration courts play a crucial role in ensuring that immigration laws are applied fairly and consistently, providing due process to those facing removal. Learn more about issues facing the courts today and explore the actions we're taking to ensure the rights of immigrants are upheld and legal integrity is maintained.
Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts
In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board of Immigration Appeals, which hears appeals from immigration courts nationwide. Sessions referred the case to himself after an immigration… Read More
Court Rules Detained Iraqis Are Entitled to Bond Hearings
In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending. Many of the Iraqis were swept up in a massive enforcement action in June 2017 and have… Read More
Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds
Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life… Read More
DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’
The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial independence, threaten the integrity of the immigration court system, and cause massive due process violations. As it currently stands, Immigration Judges are… Read More
Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations
During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations. In his speech, Sessions focused heavily on America’s long-standing… Read More
Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond
When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain noncitizens for more than six months without ever giving them an opportunity for a bond hearing. Although the case… Read More
Three-Year-Old Immigrant Child Released After Two Years of Detention
An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for release he had encountered in his career. The child’s release marks what will hopefully be… Read More
Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings
In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should change practices regarding “continuances.” A continuance, which only may be granted for “good cause,” is a critically important option for individuals who… Read More
Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers. Read More
Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts
The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown. According to new data released by the Transactional Records Access Clearinghouse (TRAC) the reason for… Read More
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