Due Process and the Courts
Court Rejects Government Attempt to Redact Names of Immigration Judges
This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders… Read More
Court Rules that Individuals Seeking Protection Must Have Bond Hearing
The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only for the petitioner, a Guatemalan man seeking protection in the United States, but also will likely… Read More
FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children
The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and accompanied minors. This was a direct repudiation of the position the government took while defending its family detention policies in… Read More
Despite Immigration Judge Hiring, Court Backlogs Continue to Grow
The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the backlog as of the end of March. This is almost 40,000 more pending cases than Executive Office of Immigration… Read More
New Book Documents 10 Years of Operation Streamline
For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program, known as Operation Streamline, has long been criticized for its group hearings—up to 75 people at once—that provide little or no… Read More
Department of Justice Seeks Rehearing in United States v. Texas
Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas. In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA. In this new petition, the federal government specifically… Read More
Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention
Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue is whether the government can keep a noncitizen who is fighting her deportation case locked up for however… Read More
DHS and Immigration Courts Sued Over One-Year Asylum Deadline
Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who misses this deadline becomes ineligible for asylum. Even though the clock is ticking for these asylum seekers, DHS agents and officers… Read More
Thousands of Children Now Covered in Access to Counsel Lawsuit
Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand children are estimated to be members of the class. This lawsuit, F.L.B. v. Lynch, was filed in U.S. District Court in Seattle. Read More
Supreme Court Issues Disappointing Split Decision in United States v. Texas
The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). This means that the Fifth Circuit’s decision upholding the preliminary injunction against these initiatives will stand. The… Read More
Make a contribution
Make a direct impact on the lives of immigrants.
