Due Process and the Courts

The Dire State of Immigration Detention in Georgia
Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not isolated incidents, but rather part of an ongoing trend in Georgia’s immigration system that consistently violates basic human rights, disregards detention… Read More

Circuit Judge Says “Even the Good Hombres Are Not Safe”
A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the… Read More

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation
Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown increasingly controversial not only because it has failed to provide safe and humane conditions for mothers and children, but also… Read More

Appeals Court Upholds Block on Trump’s Travel Ban
In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts nationals of six Muslim-majority countries from being issued visas and entering the United States. In the case International Refugee Assistance Project (IRAP) v. Read More

Government Regularly Denies Access to Counsel, Groups Seek New Rules
When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time without access to attorneys, even though scores of lawyers were attempting to reach them. Denial of access… Read More

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance
On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to formally represent them in immigration court. The order was issued in a lawsuit brought by the Northwest Immigrants… Read More

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review
The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American plaintiffs in the case—28 mothers and their 33 children, many of whom have been detained for over a year—fled north to… Read More

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses
Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. attorneys to prioritize criminal immigration enforcement and drastically expand federal court prosecutions of immigration violators across the nation. Operation Streamline and other border enforcement programs—where some border crossers are referred by… Read More

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice
Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice, and that advice becomes the catalyst for their deportation? This is the question the Supreme Court tackled on… Read More

Travel Ban 2.0 Halted by Two District Judges
The Trump administration has failed in its attempt to rewrite the executive order banning individuals from targeted Muslim-majority nations in order to pass legal muster. On the eve of the new order taking effect, two district judges have shut it down. The first nationwide order was issued by… Read More
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