Due Process and the Courts
Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys
Immigration courts will soon take a big step into the digital age. On February 11, 2022, immigration attorneys, accredited representatives, and Department of Homeland Security (DHS) lawyers, will be required to electronically file immigration court paperwork in new immigration cases. This update won’t make the immigration court system fully paperless. Read More
New Report Amplifies Concerns About ‘Dedicated Docket’ for Asylum Seekers
When the Biden administration announced a new “dedicated docket” in immigration court for families seeking asylum at the border, many advocates raised concerns that the docket would forgo due process for efficiency’s sake. This was the case for the “rocket dockets” that existed under President Obama, which suffered from… Read More
New Memo to Immigration Judges Reaffirms Availability of Administrative Closure
The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter… Read More
Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier
Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new policy from the Biden administration is aimed to increase access to counsel by making… Read More
Court Allows ICE to Use Enforcement Priorities Set by the Biden Administration
The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden administration’s immigration enforcement priorities. In doing so, the Fifth Circuit emphasized that decisions regarding whom to detain and prosecute… Read More
New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation
Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to expand access to legal representation for people facing deportation. It comes on the heels of… Read More
Felony Reentry Immigration Law Is Unconstitutional Due to Racist Origins, Judge Rules
A federal judge ruled for the first time in U.S. history that a provision of U.S. immigration law which makes it a felony for someone to reenter the United States after having been deported is unconstitutional because of its racist origins. Since 1929, U.S. immigration law has made it… Read More
Attorney General Garland Brings Back Administrative Closure for Immigration Judges
Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing deportation to pursue all available paths to legal status. In Matter of Cruz-Valdez, the attorney general reversed a decision… Read More
DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings
U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) issued a new memorandum on May 27 that provides guidance on how its attorneys can and should exercise prosecutorial discretion. In the memo, which was made public on Friday, the lead government attorney for the Department… Read More
New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A… Read More
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