Due Process and the Courts
The Sad State of Atlanta’s Immigration Court
The Atlanta immigration court is known as one of the worst places to be in deportation proceedings. For years, the judges have been accused of abusive and unprofessional practices and the denial rate of asylum applications alone is 98 percent. The latest effort to document this phenomenon comes… Read More
Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent
Officers with U.S. Customs and Border Protection (CBP)—the federal agency which includes the Border Patrol—are rarely held accountable for their actions. Nowhere is this more apparent than in the case of Sergio Hernandez, a 15-year-old boy shot dead in 2010 in Mexico by a Border Patrol agent who fired… Read More
Five Important Points Made by the Court That Rejected the Muslim Ban
The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are consistent with our Constitution; and key parts of the Executive Order banning refugees and noncitizens from seven Muslim-majority countries… Read More
Federal Appeals Court Says Muslim Ban Stays on Hold
The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban. The Court rejected the government’s attempt to shield the Executive Order behind national security, explaining that doing so “runs contrary to the fundamental structure… Read More
Attorney General Sessions’ First Orders of Business on Immigration
Jeff Sessions was confirmed as Attorney General this week by a vote of 52-47, following a very contentious confirmation process. As Attorney General and head of the Department of Justice (DOJ), Sessions will oversee key immigration-related functions. The three recently issued executive orders on immigration give the Attorney… Read More
New Immigration Court Directive Could Weaken Due Process
The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts) to prioritize deportation hearings for certain groups, including any non-citizens who are detained and unaccompanied children who do not have a sponsor. The memo rescinded preexisting… Read More
Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban
The fallout continues from last week’s immigration executive order, which has been coined the “Muslim Ban.” Several lawsuits have been filed to challenge the executive order, including Ali v. Trump, on the grounds that it violates the Constitution’s guarantee of equal protection under the law and a statutory prohibition against… Read More
Supreme Court Weighs Challenge to Vague Grounds of Deportation
Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no doubt that the intersection of criminal and immigration law is complex, but how… Read More
Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing
Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a wide range of issues from voting rights and immigration to anti-trust litigation. During his time in the Senate, Sessions has… Read More
Asylum Free Zones in the U.S. Examined by Inter-American Commission
Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on its international and national obligation to protect them. The asylum-seekers who end up in one of these hostile jurisdictions, which… Read More
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