Due Process and the Courts

Supreme Court Will Review DACA/DAPA Case
Today, the Supreme Court decided to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives—DAPA and expanded DACA. The Court is likely to hear oral arguments in April 2016. We can expect a decision by the end of June… Read More

Court Says Class Action Challenging Abusive Conditions in Hieleras Can Move Forward
A federal court in Tucson, Arizona held that U.S. Customs and Border Protection (CBP) must answer allegations of horrific conditions experienced by individuals in Tucson Sector detention facilities (a.k.a. “hieleras”) along the southern border. In decisions handed down on January 11, the court decided that the case, Doe V. Read More

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation
In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who… Read More

Operation Streamline: Ten Years of Criminalizing Immigrants
For the last 10 years, in federal courts across the Southwest border, the federal government has systematically prosecuted unlawful border crossers in group hearings with little-to-no due process. These prosecutions, often referred to as Operation Streamline, were intended to deter illegal entry and reentry. Instead, they have clogged up the… Read More

Giving the Immigration Facts a Fighting Chance
As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two decades without meaningful upgrades to its immigration system. Current U.S. law does not provide sufficient… Read More

Diverse Coalitions Urge Supreme Court to Hear Case on Executive Action
Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals decision to enjoin, or halt, the President’s 2014 deferred action initiatives. The briefs were… Read More

Texas Sues Federal Government Again, This Time Over Refugees
This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was originally scheduled to arrive in Texas today. The state is the first to take legal action to block refugees… Read More

Will the Immigration Court Backlog Finally Go Down?
Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration Review (EOIR)—a division within the Department of Justice (DOJ) department which houses the immigration courts—at an oversight hearing… Read More

Groups Urge Supreme Court to Hear Executive Action Case This Term
Today, a coalition of 224 immigration, civil rights, labor, and social service groups filed an amicus (“friend of the court”) brief, urging the Supreme Court to review the Fifth Circuit’s decision in Texas v. United States, which has delayed implementation of President Obama’s 2014 deferred action initiatives The… Read More

Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation
Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in the case, Jorge Luna-Torres, a lawful permanent resident, was convicted of a misdemeanor offense for which he… Read More
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