Due Process and the Courts

In Historic Ruling, Thousands of Immigrants Waiting for Their Immigration Records Can Now Challenge Agency Delay
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) have a system-wide practice of failing to… Read More

Which Immigration Cases Will the Supreme Court Rule on This Session?
The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the Deferred Action for Childhood Arrivals (DACA) initiative, the highly-criticized killing of a young boy in Mexico… Read More

Pennsylvania Should Widen Access to Justice for People in Immigration Detention
People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who arrive in the U.S. from other countries are not guaranteed representation even though having one can be the difference between… Read More

Federal Judge Says DHS Must Keep Its Promise to Protect Children in Immigration Detention
A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration detention. The changes to the settlement would have allowed the administration to hold immigrant children and their parents indefinitely in jail-like settings. Federal Judge… Read More

Federal Judge Blocks the Expansion of Fast-Track Deportation Program, Expedited Removal
A federal judge blocked the expansion of a fast-track deportation program, known as “expedited removal,” minutes before the government said it would begin implementing its expansion on September 28, 2019. Expedited removal allows the government to deport certain people without basic legal protections. Those who are… Read More

How the Immigration Court Reached a Record One Million Case Backlog
When Donald Trump took office in January 2017, the immigration courts faced a record backlog of over 542,000 cases. This month, the immigration court backlog hit a new historic high with over 1,000,000 cases. Driven by new Trump administration immigration court policies and the growth in the number… Read More

Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand
The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty. This is what they’ve faced since the Trump administration sent them back to Mexico as part of the “Remain… Read More

Tent Immigration Courthouses Are Being Built at the Texas Border
Immigration judges from across the country will soon be reassigned from their normal caseload to preside over thousands of immigration cases along the U.S.-Mexico border, reportedly in an effort to speed up hearings under the controversial “Remain in Mexico” program. To handle the cases faster, the Trump administration is… Read More

DOJ Moves to Further Politicize Immigration Court System
The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a Trump political appointee—the power to adjudicate cases and appeals. Described as a “wolf in sheep’s clothing,” the rule turns the immigration… Read More

Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap
A federal appeals court in California ruled on Thursday that immigrant children must receive edible food, clean water, soap, and toothpaste while being detained by U.S. immigration authorities. The decision came from a three-judge panel for the Ninth Circuit Court of Appeals in San Francisco. The panel dismissed the Trump… Read More
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