Due Process and the Courts
These Men Were Deported to El Salvador With No Due Process. Their Stories Show Why an Investigation Is Necessary
In the weeks before March 15, the Trump administration’s preparations for a major operation kicked into high gear. Venezuelan men attending routine check-ins with U.S. Immigration and Customs Enforcement ended up leaving in handcuffs. ICE agents fanned out across communities and began questioning and detaining men with tattoos. By the… Read More
Trump Is Trying to Deter Us From Representing Immigrants in Court. It Won’t Work.
On March 22, the Trump administration issued a memo, directing the Attorney General and the Secretary of the Department of Homeland Security to take disciplinary and punitive action against attorneys practicing in our national courts. While the memo is broad, it takes particular aim at immigration lawyers, pro bono… Read More
Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron
The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The decision will almost certainly lead to a sea-change in how federal agencies are able to do their work, with huge… Read More
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected
The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores Settlement Agreement is no longer needed because a new Department of Health and Human Services regulation finalized on April… Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants
Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured representation, down from 65% just four years ago. This new data comes from… Read More
New EOIR Memo Updates Protections for Children in Immigration Court
A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment that children in removal proceedings are navigating a system created for adults and therefore need special protection. The guidelines… Read More
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
What Does the Looming Government Shutdown Mean for Our Immigration System?
After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass any spending bill for the Department of Homeland Security (DHS) unless it contains HR2, their massive… Read More
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