Due Process & the Courts
Trump’s ‘Grant and Deport’ Policy Could Lead to More Cases Like Kilmar Abrego Garcia
Jessica, a client of one of the Immigration Justice Campaign’s volunteer attorneys, was fully prepared to prove to an immigration judge that she’d be persecuted if she returned to Ecuador. After all, she’d fled to the U.S. after testifying in open court against a criminal group — who had… Read More
In Kilmar Abrego Garcia Case, Trump Administration Escalates Its War on Due Process
Less than a week after the U.S. Supreme Court ruled that the Trump administration must “facilitate” the “release from custody in El Salvador” of wrongfully-deported Maryland father Kilmar Abrego Garcia, the Trump administration has doubled down on defiance, with administration lawyers telling a federal court that Mr. Abrego Garcia… Read More
These Men Were Deported to El Salvador With No Due Process. Their Stories Show Why an Investigation Is Necessary
In the weeks before March 15, the Trump administration’s preparations for a major operation kicked into high gear. Venezuelan men attending routine check-ins with U.S. Immigration and Customs Enforcement ended up leaving in handcuffs. ICE agents fanned out across communities and began questioning and detaining men with tattoos. By the… Read More
Trump Is Trying to Deter Us From Representing Immigrants in Court. It Won’t Work.
On March 22, the Trump administration issued a memo, directing the Attorney General and the Secretary of the Department of Homeland Security to take disciplinary and punitive action against attorneys practicing in our national courts. While the memo is broad, it takes particular aim at immigration lawyers, pro bono… Read More
The Missing Due Process for Gang Allegations
When the Trump administration essentially disappeared 238 Venezuelan men (and potentially women) living in the United States to a prison in El Salvador earlier this month, it alleged they were members of a Venezuelan gang. Administration officials declared with certainty that these men belonged to the Tren de Aragua gang, boasting on social… Read More
The Supreme Court Cuts Off Judicial Review of USCIS Decisions Again
The Supreme Court recently cut off another path for judicial review of decisions by U.S. Citizenship and Immigration Services (USCIS) adjudicators. In Bouarfa v. Mayorkas, the Court held that a decision to revoke the prior approval of an immigrant visa petition filed by a U.S. citizen on behalf of… Read More
Oversight Agency Says 32,000 Unaccompanied Children Are Missing. But Are They?
Written by Raul Pinto, Deputy Legal Director, Transparency at the American Immigration Council and Jennifer Ibañez Whitlock, Supervisory Policy & Practice Counsel, Government Relations at the American Immigration Lawyers Association Last month, a federal oversight agency published a report claiming that 32,000 children classified as unaccompanied minors did not… Read More
Judge Grants Texas’ Request to Keep Families Apart, At Least For Now
A mere three days after 16 Republican-led states sued the Biden administration over its “Keeping Families Together” parole process, a federal judge in Texas handed the plaintiffs a temporary “administrative stay,” ordering the federal government to stop granting any applications under the new process while the… Read More
Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron
The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The decision will almost certainly lead to a sea-change in how federal agencies are able to do their work, with huge… Read More
Supreme Court’s Munoz Decision Disregards Fundamental Interests of U.S. Citizens Married to Noncitizens
In Department of State v. Munoz, the Supreme Court has chosen procedural concerns over the reality that errors by consular officers may bar U.S. citizens from residing in the United States with their noncitizen spouses. Consular nonreviewability is a judge-made doctrine. Courts have barred review of visa denials due… Read More
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