Due Process & the Courts

Appeals Court Decision Means Hundreds of Migrants Were Unlawfully Convicted

The Ninth Circuit Court of Appeals issued a decision clarifying limits on when federal prosecutors can charge immigrants with illegal entry and reentry into the United States this week. Under this decision, it will be more difficult for the government to criminally charge immigrants who attempt to enter the United States outside a port of entry in order seek asylum. Hundreds of prior convictions are also now potentially invalid. Read More

Advocates Seek Information About a Secretive Program That Fast-Tracks Deportations

Since the mid-1980s, immigration courts have operated the Institutional Hearing Program (IHP). The program is designed to quickly deport people serving criminal sentences. Despite how long it’s been in operation, little is known about the IHP. With a lawsuit filed earlier this week, advocates hope to shed light… Read More

Cutting Interpreters From Immigration Court Risks Due Process

Every day, hundreds of non-English speaking immigrants show up to court for initial hearings where they will see an immigration judge for the first time. But due to a new policy, many immigrants will lose the help of dedicated court interpreters to ensure they understand what’s going on in the… Read More

A New EOIR Rule Expands Powers of the Board of Immigration Appeals and Attorney General

The Executive Office for Immigration Review (EOIR) issued a final rule last week that expands the authority of the Board of Immigration Appeals (BIA) and Attorney General William Barr when reviewing an immigration judge’s decision following a removal proceeding. The BIA reviews an immigration judge’s decision if ether the individual… Read More

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Despite Trump Administration’s Efforts

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have forced many people to remain incarcerated for months or years during their asylum proceedings. However, on Tuesday, a federal court recognized… Read More

Supreme Court Rules Against Citizenship Question on 2020 Census

In a rebuke to the Trump administration, the Supreme Court ruled against adding a question on citizenship to the 2020 U.S. Census form—for now. Critics feared the question may discourage immigrant, mixed-status, and minority households from participating in the Census, resulting in widespread undercounting and dramatic shifts in political representation. Read More

Federal Court Tells ICE to Stop Arrests in Massachusetts Courthouses

In Massachusetts, U.S. Immigration and Customs Enforcement (ICE) officials are barred from making civil arrests in courthouses. Such arrests have a chilling effect on the administration of justice—those who fear civil arrest in court are much less likely to seek a court’s help for resolving disputes. Since 2018, an ICE… Read More

Chronic USCIS and ICE FOIA Delays Being Challenged in Court

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]When a person files a Freedom of Information Act (FOIA) request, the government is required to respond to the person within 20 days, with few exceptions. Yet when someone requests copies of their immigration files, U.S. Citizenship and Immigration Services (USCIS) often… Read More