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.
Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses
Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work authorization. This new policy, announced as part of the Administration’s package of Executive Actions on immigration, permits H-4s to obtain work… Read More
Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges
This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The bipartisan bill acknowledges that a severe shortage of immigration judges has plagued the U.S. immigration system for years. While Congress has increased… Read More
Immigration Appeals Court Reverses Position on Deportation Waivers
In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause… Read More
Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities
In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the detention, release and treatment of children subject to immigration detention. In response, government attorneys claimed that the Flores settlement… Read More
Why More Immigration Judges Are Needed
If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and Democrats can probably agree, immigration judges are essential for the functioning of immigration enforcement (removing people who shouldn’t… Read More
Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action
It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on immigration. After all, that lawsuit has resulted in a widely-criticized order temporarily blocking millions of undocumented immigrants… Read More
No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent
On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El Paso, Texas. The boy and his friends were playing a game in which they ran up… Read More
The Court Decision on Deferred Action Everyone Should Be Talking About
Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions) unanimously dismissed a lawsuit challenging the original 2012 Deferred Action for Childhood Arrivals (DACA) program. The court held that… Read More
Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case
Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued a preliminarily injunction against the implementation of the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents… Read More
New Immigration Enforcement Policy Remains In Effect Despite Texas Lawsuit
The political lawsuit challenging the legality of parts of President Obama’s Executive Action should fail for a variety of reasons. But the lawsuit has already succeeded in two respects. First, it won a dubious preliminary injunction from a lower court judge temporarily halting the program while… Read More
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