Due Process and the Courts

Due Process and the Courts

Calls for Independent Immigration Court Grow Louder at Congressional Hearing

Calls for Independent Immigration Court Grow Louder at Congressional Hearing

A congressional oversight committee held a hearing this week on the need for immigration court reform and the systemic due process challenges within the immigration court system. The House Judiciary Committee’s Subcommittee on Immigration and Citizenship heard from several experts on the issue. Most experts made… Read More

Judge Allows Certain Family Separations at the Border to Continue

Judge Allows Certain Family Separations at the Border to Continue

The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit challenging continued separations at the border. Although the judge ordered an end to most family separations in 2018, he has… Read More

Tent Immigration Courts Are Still Not Fully Open to the Public

Tent Immigration Courts Are Still Not Fully Open to the Public

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The government announced these secretive courts would finally be opened last week, but the public still does not have full access. For the… Read More

'Zero Tolerance' Overwhelmed Courts and Diverted Resources From Criminal Investigations

‘Zero Tolerance’ Overwhelmed Courts and Diverted Resources From Criminal Investigations

Attorney General Sessions’ orders to prioritize prosecuting people for immigration-related offenses in 2017 and 2018 put a significant strain on law enforcement across the border, diverting resources away from drug and organized crime prosecutions. The increase in immigration prosecutions, which played a primary role in the… Read More

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these individuals can receive from “friend of the court” attorneys. The Executive Office for Immigration Review (EOIR), the agency which includes… Read More

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain in Mexico program. Last week, I traveled to South Texas to observe the effects of the Trump administration… Read More

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones, laptops, and other electronic devices without reasonable suspicion are unconstitutional. The policies that the court rejected authorized CBP… Read More

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

It’s been nearly a year since the Trump administration announced the Migrant Protection Protocols (MPP), or the “Remain in Mexico” program. This program forces vulnerable asylum seekers to return to Mexico to await their U.S. immigration court dates. It has since been expanded to six cities… Read More

A Federal Agency Is Deleting Court Records That Implicate Trump’s Immigration Policies  

A Federal Agency Is Deleting Court Records That Implicate Trump’s Immigration Policies  

Understanding how the immigration agencies operate has never been more important. Equally important is being able to rely on the information that those agencies release to the public. For this reason, a recent report issued by the Transactional Records Access Clearinghouse (TRAC) is cause for alarm. Read More

The Perils of the Migrant Protection Protocols

The Perils of the Migrant Protection Protocols

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico” program. Multiple recent accounts, including a report by Human… Read More

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