Due Process and the Courts
New Evidence Confirms Immigrant Children Show Up in Immigration Court
As many of the unaccompanied minors who crossed the U.S-Mexico border earlier this summer navigate the immigration court system, recent government numbers confirm that the vast majority are showing up for their immigration hearings. Data released by the U.S. Executive Office for Immigration Review (EOIR) shows that between July… Read More
Corte Federal Niega Desestimar Caso de Ciudadana de Cuatro Años Deportada por CBP
En 2011 una niña de cuatro años de edad fue detenida ilegalmente por oficiales de la Oficina de Aduanas y Protección Fronteriza de los Estados Unidos (CBP) al llegar al aeropuerto de Dulles, en el estado de Virginia. Luego de detener a la menor, los oficiales de CBP no permitieron… Read More
Federal Court Refuses to Dismiss Case of U.S. Citizen Girl Who Was Deported
In 2011, U.S. Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), unlawfully detained a 4-year-old girl when she arrived at Dulles Airport in Virginia, deprived her of any contact with her parents, and then sent her back to Guatemala. The girl’s father… Read More
U.S. Supreme Court Takes Two Immigration Cases in New Term
The U.S. Supreme Court opened its new term on Monday – often referred to as “First Monday” because by law, the term must begin on the first Monday of October. Although the Court has taken no blockbuster immigration case like 2012’s Arizona v. United States, interpreting state authority… Read More
Majority of Individuals Released from Immigration Custody Do Appear in Court
Media outlets reported last week that according to Immigration and Customs Enforcement (ICE), about 70 percent of migrant families encountered at the border since May and released “haven’t reported” to an immigration office as instructed. ICE has released little other information about this data point. Several media outlets published… Read More
Municipalities Help Advance Access to Counsel for Immigrants
Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those who otherwise would be forced to proceed in immigration court alone. Cities are establishing programs to provide free legal… Read More
Avalanche of Local Detainer Limits Underscores Need for Federal Policy Reform
Across the United States, county after county continues to alter policies to limit compliance with immigration detainers because of constitutional concerns. A spate of federal rulings found that detainers were not mandatory, so local officials increasingly seem to be coming to the conclusion that honoring detainer requests… Read More
Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court
As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory detention as a solution. Some say as many as 90 percent fail to attend their immigration court hearings. Yet government data recently published by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) may indicate the opposite. Not only do a majority of children attend their immigration proceedings, according to TRAC, but 90 percent or more attend when represented by lawyers. Read More
DOJ Adds Temp Judges and Shifts Priorities in Response to Unaccompanied Minors
Congress has long neglected the immigration court system, like so many other aspects of our immigration infrastructure. For years, while the Department of Homeland Security (DHS) has dedicated more and more resources to immigration enforcement efforts, resources for the immigration courts have not commensurately increased. As a result, immigration courts cannot keep up with their current workload. This has become increasingly evident as courts struggle to handle the growing number of deportation cases DHS has brought against unaccompanied children. And while the Obama administration has requested emergency supplemental funding to hire 25 new immigration judges, it is unclear whether this funding will materialize. In an attempt to bring some immediate relief, the Department of Justice announced a new rule that permits the Department to hire temporary judges. Read More
Why We Are Suing the Government on Behalf of All Children Facing Deportation
The thousands of children fleeing violence and persecution and seeking refuge in the United States have brought to the forefront the issue of how our immigration system deals with children. The current system subjects kids to the same deportation laws as adults. They are ordered to appear in… Read More
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