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.
Federal Judge Rules to Keeps Key Provisions of Alabama’s Restrictive Immigration Law
Today, U.S. District Judge Sharon Blackburn ruled to keep many of the key provisions in HB 56, Alabama’s restrictive immigration law recently challenged by the Department of Justice (DOJ) and civil and immigrant rights groups. While Judge Blackburn ruled to enjoin some provisions of HB 56, she found that the DOJ and civil and immigrant rights groups did not meet “the requirements for a preliminary injunction” in its claim that major provisions—such as the section requiring schools to determine the immigration status of students’ and their parents’—are preempted by federal law. Signed by Governor Robert Bentley in June, HB 56 was challenged by civil rights groups, religious leaders and the DOJ on the basis that the law interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Read More
U.S. Sentencing Commission Data Reveals Dysfunction of U.S. Immigration System
Federal courts and prisons are being overwhelmed by the broken U.S. immigration system. That is one of the central points to emerge from data contained in a new report from the U.S. Sentencing Commission. It is also a point that is easily missed if you are looking at the wrong numbers. For instance, the numbers of Latinos and non-U.S. citizens who are sent to federal prison are startling. But even more startling is how many of them are going to federal prison because of non-violent immigration offenses. In defiance of common sense, they may be in federal prison even though they have not committed a violent crime or even a property crime. Their only crime might be entering the country without permission. Read More
Local Law Enforcement Not Trained to Enforce Alabama’s Immigration Law
As Alabamans continue to brace themselves for what the New York Times recently described as the “nation’s cruelest immigration law,” state law enforcement agencies said they have not yet been trained to enforce provisions of the controversial law. Signed in June by Gov. Robert Bentley, HB 56 requires local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, and make it a crime to knowingly rent to, transport or harbor undocumented immigrants. Several parties—including civil rights and religious groups and the U.S. Department of Justice—filed suit against the law, hoping to enjoin key provisions. Today, U.S. District Judge Sharon Blackburn temporarily blocked the law until September 29, 2011 or until the court issues a ruling, whichever happens first. Read More
Federal Judge Temporarily Blocks Alabama’s Immigration Law
Today, the federal judge hearing the case against Alabama’s harsh anti-immigrant law HB 56 issued a temporary order preventing the law from going into effect on September 1, 2011. The judge made no ruling on the merits of the pending motions but rather temporary blocked it to buy… Read More
Nation’s Highest Immigration Court Says Government Can Ask Questions First, Explain Right to Silence Later
As any Law & Order enthusiast knows, when a criminal suspect is placed under arrest, no interrogation can begin until police recite the famous “Miranda” warnings required by the Supreme Court: You have the right to remain silent. Anything you say can be used against you. You have a right to have an attorney present. If you cannot afford an attorney, one will be provided for you. But what happens when federal immigration officers take a noncitizen into custody? Read More
Religious Community Latest to Join Battle Against Alabama’s Extreme Anti-Immigrant Law
Bishop William H. Willimon, United Methodist Church of North Alabama. With only weeks until Alabama’s extreme anti-immigrant law, HB 56, is slated to take effect (September 1), the coalition of groups challenging the law continues to grow. Shortly after Alabama Governor Robert Bentley signed HB 56 in June, several civil rights groups—including the ACLU—filed a class action lawsuit against Alabama’s law. Earlier this month, the Department of Justice (DOJ) filed suit as well—much like it did against Arizona’s SB1070—in hopes of a receiving a preliminary injunction against key provisions of the law. This week, faith leaders in the state—who also filed suit against the law—added their voice to the chorus of civil rights, law enforcement, businesses, education, and international communities who vocally oppose the law. Read More
Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest
Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigration Appeals holding that immigrants arrested without a warrant are not entitled to certain Miranda-like warnings prior to questioning by immigration officers. In a precedent decision, the Board held that noncitizens need not be informed… Read More
Immigration Restrictionists Take SB 1070 to Supreme Court
More than a year after SB 1070 was initially enjoined in federal court, the immigration restrictionists behind Arizona’s misguided immigration law have brought their case to the Supreme Court. Proponents of SB 1070 are likely to hail the state’s petition, filed yesterday, as not only the first step toward reversing the injunction against the law’s most punitive provisions, but toward cementing states’ role as the primary enforcers of federal immigration law. While we won’t know whether the Justices will even hear the case until at least October, the petition already foretells an uphill climb for Paul Clement, the attorney representing Arizona and former Solicitor General under President Bush, to persuade the Court to overturn long established principles. Read More
Department of Justice Seeks Injunction Against Alabama’s Anti-Immigrant Law
Yesterday, the Department of Justice (DOJ) filed yet another lawsuit against extreme state-level immigration laws—this time against Alabama’s HB 56. Already the subject of a class action lawsuit filed by the ACLU and other immigrants’ rights groups, Alabama’s HB 56 would require local law enforcement to verify the immigration status of those stopped for traffic violations, public schools to determine the immigration status of students, employers to use E-Verify and makes it a crime to knowingly rent to, transport or harbor undocumented immigrants. In its motion for a preliminary injunction, however, the DOJ argues that Alabama’s law, much like Arizona’s, interferes with the federal enforcement of immigration laws and places undue burdens on local schools and federal agencies. Alabama’s law was signed into law by Governor Robert Bentley in June and slated to take effect September 1. Read More
Immigration Case Backlog Reaches All-Time High, Report Shows
As the U.S. continues to pour money into immigration enforcement and detention, the resources necessary for the immigration court system to keep up with enforcement have not been appropriated. In fact, a record number of immigration cases—275,316 as of May 2011—are in the Immigration Court backlog according to a recent report by the Transactional Records Access Clearinghouse (TRAC). In four months, the case backlog grew 2.8%, and it has grown 48% since FY2008. Read More
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