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.
Immigration Courts Desperately Need More Judges
Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship. And while the media remains transfixed by the inflammatory rhetoric of some candidates, more mundane yet equally important problems go unaddressed. Case in… Read More
Government Ordered to Promptly Release Children From Family Detention
In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration detention. Advocates for immigrant children went to court in February to argue that the government’s family detention centers violate the… Read More
Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens
This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to prevent foreign students from having an opportunity to gain meaningful practical experience in the United States. The court… Read More
Immigrant Children Without Attorneys are Still Being Ordered Deported
It would seem to be a simple matter of conscience that no child should ever stand before a judge without having an attorney as an advocate. Younger children in particular may not even understand the significance of their day in court or how a judge’s ruling can profoundly impact the… Read More
Court Finds Federal Officers Can be Sued for Mistreatment of Immigrants in Detention
The Court of Appeals for the Second Circuit ruled last month that eight immigrant men who were detained under extremely punitive conditions in maximum security facilities following 9/11, could proceed with their lawsuit against the individual federal officials responsible for their mistreatment. All of the plaintiffs in Turkmen v. Ashcroft were caught up in the post 9/11 frenzy that targeted Muslims or those who appeared to be Muslim. None were terrorists or even charged with a crime. Instead, they were detained in connection with civil deportation proceedings—proceedings premised solely on their lack of valid immigration status. Read More
Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children
Elvis Garcia is a migration counselor at the Catholic Charities Community Services of New York. He is also a former unaccompanied child who fled from his native Honduras in 2005 when he was 15 years old. Last week, Garcia and several others participated in a roundtable discussion sponsored by Lutheran Immigrant and Refugee Services to evaluate the response to the humanitarian situation at the southern U.S. border and highlight the recommendations regarding the treatment of children in their new report. During the roundtable, Garcia pointed to the lack of lawyers for kids as one of the biggest challenges confronting unaccompanied children. He said many children are eligible for asylum, yet lack the access to attorneys to navigate the system. Read More
Judge’s Order in Flores Should Signal the End of Family Detention
A federal judge issued an order in the Flores case that should go a long way to ending the government’s practice of detaining children and their mothers in unlicensed, secure facilities in Dilley and Karnes, Texas. Since the summer of 2014, the government has detained thousands of women and children fleeing violence in Central America. The longstanding Flores settlement guarantees minimum standards for the detention, release, and treatment of children in immigration detention. These standards, the court concluded, are not being met. Read More
Appellate Court Hears Oral Argument in Texas v. United States
Last week, the Fifth Circuit Court of Appeals in New Orleans heard oral argument in the most closely watched immigration case in years, Texas v. United States. This is a case brought by Texas and a number of other states challenging the legality of two key components of President… Read More
U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported
Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs… Read More
Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds
For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S. government report from DHS’ Office of Inspector General (OIG) said this practice may “violate U.S. treaty obligations.” Specifically, according to the… Read More
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