Due Process and the Courts
Appellate Court Hears Oral Argument in Texas v. United States
Last week, the Fifth Circuit Court of Appeals in New Orleans heard oral argument in the most closely watched immigration case in years, Texas v. United States. This is a case brought by Texas and a number of other states challenging the legality of two key components of President… Read More
U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported
Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit filed by Leonel Ruiz on behalf of his minor daughter, alleging that in 2011, U.S. Customs… Read More
Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds
For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S. government report from DHS’ Office of Inspector General (OIG) said this practice may “violate U.S. treaty obligations.” Specifically, according to the… Read More
Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense
Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first step in unwinding the legal spiral that led to Moones Mellouli’s deportation in 2012 and a reaffirmation… Read More
Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses
Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work authorization. This new policy, announced as part of the Administration’s package of Executive Actions on immigration, permits H-4s to obtain work… Read More
Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges
This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The bipartisan bill acknowledges that a severe shortage of immigration judges has plagued the U.S. immigration system for years. While Congress has increased… Read More
Immigration Appeals Court Reverses Position on Deportation Waivers
In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause… Read More
Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities
In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the detention, release and treatment of children subject to immigration detention. In response, government attorneys claimed that the Flores settlement… Read More
Why More Immigration Judges Are Needed
If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and Democrats can probably agree, immigration judges are essential for the functioning of immigration enforcement (removing people who shouldn’t… Read More
Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action
It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on immigration. After all, that lawsuit has resulted in a widely-criticized order temporarily blocking millions of undocumented immigrants… Read More
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