Due Process and the Courts
Legal Service Providers Sue to Remove Barriers to Access to Counsel in Immigration Detention
Legal service organizations have sued U.S. Immigration and Customs Enforcement (ICE) for preventing people jailed at four immigration detention centers from having meaningful access to their lawyers. The barriers to attorney access at these facilities illustrate ICE’s failure to protect the fundamental rights of detained immigrants nationwide. At any… Read More
DACA Is Facing a Crisis That the Senate Can No Longer Ignore
Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood Arrivals (DACA) program to shield certain undocumented youth from deportation, it remains the subject of ongoing litigation. This has… Read More
What Does Legal Representation Look Like in Immigration Courts Across the Country?
Written by Emily Creighton of the American Immigration Council and Jennifer Whitlock of the American Immigration Lawyers Association. It might seem like a straightforward statistic: 44% of individuals who appear in deportation proceedings have an immigration attorney. But it’s not so simple. Instead, it is a number that must factor… Read More
New Report Reveals Widespread Failures by DHS To Prosecute Immigration Court Cases
Thousands of immigration court cases have been dismissed this year for an astonishing reason: U.S. Customs and Border Protection (CBP) has failed to file the most basic paperwork with the courts. According to a report released last week by the Transactional Records Access Clearinghouse (TRAC) of Syracuse University, tens… Read More
Supreme Court Permits Biden to Terminate ‘Remain in Mexico’ Program
Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in the Biden administration’s favor on June 30. The decision will not only permit President Biden to finally end… Read More
The Supreme Court Overturning Roe v. Wade Could Have Harmful Ripple Effects for Immigrants
Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The draft opinion—published last week in an unprecedented leak—is based in a legal concept known as “originalism,” which looks… Read More
I Visited Biden’s MPP Tent Courts. The Changes Since Trump Don’t Fix the Program’s Flaws.
More than two years after visiting the Trump administration’s “Migrant Protection Protocols” (MPP) tent courts in Laredo, Texas, I returned to see how they had changed under the Biden administration. While some changes have been made, they haven’t resolved the program’s biggest flaws, such as the danger asylum… Read More
ICE’s New Guidance to Government Attorneys Aims to Reduce Immigration Court Backlog
U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s Principal Legal Advisor Kerry Doyle, the memo’s stated goal is to ensure that ICE focuses its limited resources effectively and pursues… Read More
How Would Biden’s Supreme Court Nominee Handle Immigration Cases?
President Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s record may provide some clues about how she would handle immigration cases as a Supreme Court Justice. Immigration law… Read More
The Board of Immigration Appeals Will Now Provide the Public with Access to Its Unpublished Decisions
Immigrants and their representatives will gain access to decisions of the Board of Immigration Appeals (BIA) that were not publicly available. As a result of a settlement of a lawsuit filed by the Public Citizen Litigation Group on behalf of New York Legal Assistance Group, the BIA has agreed… Read More
Make a contribution
Make a direct impact on the lives of immigrants.
