Due Process and the Courts
DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’
The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial independence, threaten the integrity of the immigration court system, and cause massive due process violations. As it currently stands, Immigration Judges are… Read More
Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations
During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations. In his speech, Sessions focused heavily on America’s long-standing… Read More
Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond
When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain noncitizens for more than six months without ever giving them an opportunity for a bond hearing. Although the case… Read More
Travel Ban 3.0: What You Need To Know
Just as the Trump administration’s 90-day ban on travel from six Muslim-majority countries was set to expire, it announced the third version of its travel ban Sunday evening. This latest version expands the list of targeted countries to eight and imposes indefinite and potentially permanent bans on entry… Read More
States and NGOs Sue Trump Administration Over DACA Termination
With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA recipients immediately went to federal court in attempt to stop its termination. In the two days since the administration called an end… Read More
Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers
Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times made the hurdles to enlisting legal help insurmountable. One such example came in March 2017, when Immigration and… Read More
The Fight for Appointed Counsel for Immigrant Children Continues
The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an immigrant child in deportation proceedings has a right to an appointed attorney when he cannot afford… Read More
Three-Year-Old Immigrant Child Released After Two Years of Detention
An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for release he had encountered in his career. The child’s release marks what will hopefully be… Read More
Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings
In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should change practices regarding “continuances.” A continuance, which only may be granted for “good cause,” is a critically important option for individuals who… Read More
Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable
The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although other courts have struck down detainers on the grounds that they violate the Constitution, the Supreme Judicial Court concluded that… Read More
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