Due Process and the Courts

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic
Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court-appointed counsel. Having the ability to make a phone call in a detention center is essential for a variety of… Read More

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border
Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a federal judge decided that the case may proceed as a class action. This decision means… Read More

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread
As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil. The Executive Office for Immigration Review (“EOIR”) initially postponed all non-detained hearings when lockdowns began in March. However, EOIR refused to close all… Read More

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory
On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the United States at the southern border. The court’s decisive action could not have come soon enough,… Read More

Supreme Court Limits Court Oversight for Fast-Track Deportations
The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations in federal court. Foreclosing a critical way to challenge these error-prone deportation orders leaves people even more vulnerable to abuse by immigration… Read More

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records
With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get data on immigration court cases is through the Freedom of Information Act (FOIA) or through a narrow set… Read More

Supreme Court Safeguards Federal Court Review of Torture Protections
The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about what happens when certain people seeking protection under the Convention Against Torture are denied protection by the Board… Read More

Board of Immigration Appeals’ Restructuring and Hiring Plan Reveals Anti-Immigrant Bias
The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question. These procedures reflect how the agency has altered the hiring process to promote judges with a track record of anti-immigrant bias. Read More

Board of Immigration Appeals Green Lights Major Errors on Notice to Appear Forms
The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has a missing line—say, for an apartment number when the applicant lives in a house, or… Read More

ICE Faces Lawsuit Over Blocking Phone Access to Detainees
A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet with their attorneys in person, leaving phone calls as the only way to communicate about their cases. Read More
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