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.
Avalanche of Local Detainer Limits Underscores Need for Federal Policy Reform
Across the United States, county after county continues to alter policies to limit compliance with immigration detainers because of constitutional concerns. A spate of federal rulings found that detainers were not mandatory, so local officials increasingly seem to be coming to the conclusion that honoring detainer requests… Read More
Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court
As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory detention as a solution. Some say as many as 90 percent fail to attend their immigration court hearings. Yet government data recently published by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) may indicate the opposite. Not only do a majority of children attend their immigration proceedings, according to TRAC, but 90 percent or more attend when represented by lawyers. Read More
DOJ Adds Temp Judges and Shifts Priorities in Response to Unaccompanied Minors
Congress has long neglected the immigration court system, like so many other aspects of our immigration infrastructure. For years, while the Department of Homeland Security (DHS) has dedicated more and more resources to immigration enforcement efforts, resources for the immigration courts have not commensurately increased. As a result, immigration courts cannot keep up with their current workload. This has become increasingly evident as courts struggle to handle the growing number of deportation cases DHS has brought against unaccompanied children. And while the Obama administration has requested emergency supplemental funding to hire 25 new immigration judges, it is unclear whether this funding will materialize. In an attempt to bring some immediate relief, the Department of Justice announced a new rule that permits the Department to hire temporary judges. Read More
Why We Are Suing the Government on Behalf of All Children Facing Deportation
The thousands of children fleeing violence and persecution and seeking refuge in the United States have brought to the forefront the issue of how our immigration system deals with children. The current system subjects kids to the same deportation laws as adults. They are ordered to appear in… Read More
Groups Sue Federal Government over Failure to Provide Legal Representation for Children
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them. Read More
Legal Concerns Push Counties to Limit ICE Detainers
Doña Ana County in New Mexico announced this week it will stop honoring detainer requests from U.S. Immigration and Customs Enforcement (ICE) officials at the county jail, becoming the most recent in a string of local jurisdictions across the country to limit their compliance with detainers. Read More
District Court Decides Some TPS Beneficiaries May Finally Become Lawful Permanent Residents
When a massive earthquake leveled much of Haiti, and when civil war broke out in Syria, the U.S. government did not blindly send Haitians and Syrians home to near-certain death. Instead, the government did the humane thing and offered safe haven to nationals of those countries who were here… Read More
Supreme Court Decides Immigrants Can “Age-Out” of Visa Petitions
In Scialabba v. Cuellar de Osorio, a heavily-divided Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents’ visa petitions as minors, but who turned 21—known as “aging-out”—before visas became available. Aging-out is tantamount to someone losing his place in the visa line… Read More
Over 100 Cities and Counties Now Riding the Anti-Detainer Wave
There have been four recent federal court decisions ruling that Immigration and Customs Enforcement (ICE) agents cannot require local jurisdictions to detain someone and that local law enforcement can be held liable for holding someone for no reason other than an ICE detainer. ICE… Read More
Study: Providing Representation for Indigent Immigrants Could Pay for Itself
U.S. immigration laws provide only minimal due process protections for even the most vulnerable immigrants facing deportation, and in 59 percent of cases, immigrants are forced to navigate the byzantine immigration court system without representation, including many unaccompanied children. Many do not… Read More
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