Due Process and the Courts
Asylum Is In Danger After Court Upholds Rushed Screening Process at the Border
The Trump administration secretly implemented one of its most horrific attacks on America’s long tradition of asylum—holding asylum seekers in U.S. Customs and Border Protection (CBP) custody during their initial asylum interview. The “Prompt Asylum Claim Review” and “Humanitarian Asylum Review Process,” (“PACR/HARP”) put in place in October 2019,… Read More
A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger
A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people without immigration status from deportation and provides them with a work permit. The Trump administration’s previous effort to end the initiative altogether… Read More
How Two Proposed Rules Make It Harder for Immigration Judges to Manage Their Docket
The Executive Office for Immigration Review (EOIR) has proposed two rules that would significantly decrease the due process rights of people in immigration court. Both rules would restrict judges’ abilities to manage their dockets and require them to push through cases at breakneck speeds, further transforming the immigration court system… Read More
Federal Court Invalidates Changes to DACA Because Chad Wolf Was Unlawfully Appointed
A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the Department of Homeland Security (DHS)—was not lawfully appointed to his position. The federal judge’s decision may signal that… Read More
Trump’s Public Charge Rule Blocked Yet Again in Court
Update: On November 5, the Seven Circuit Court of appeals placed an administrative stay on the district court’s ruling, restoring the public charge rule at least temporarily. The Trump administration’s public charge rule has been blocked nationwide for a third time by a federal judge in Illinois who… Read More
The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings
Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As they get sent back, U.S. government officials give them insufficient information about how to attend their immigration court… Read More
The Value of Pro Bono Legal Services in Immigration Detention
Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left with little to no resources in immigration detention. Access to counsel in immigration detention is paramount to… Read More
Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges
At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for its staff of over 115,000 people. The decision could have a… Read More
New Data Disproves Trump Administration’s Push to End Administrative Closure
The Trump administration’s justification for ending administrative closure is on thin ice. A new report casts doubt on key arguments presented in a proposed regulation that would end the practice of administrative closure. This tool allows immigration judges to temporarily suspend a hearing by taking it off of… Read More
Ninth Circuit Court Allows Trump’s Plan to End Temporary Protected Status to Go Forward
In a split decision, the Ninth Circuit Court of Appeals ruled that the Trump administration’s termination of Temporary Protected Status (TPS) for four countries can proceed. The fate of nearly 250,000 people from El Salvador, Haiti, Nicaragua, and Sudan—and their families—is at stake. The case, Ramos v. Nielsen,… Read More
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