Due Process & the Courts
Brett Kavanaugh’s Record on Immigration Raises Questions
President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer questions about his judicial record and temperament. During multiple days of hearings, senators are expected to ask him about his position on everything… Read More
Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges
Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse. This decision will have widespread implications for immigration court process. The case, Matter of L-A-B-R-, addresses circumstances under which an immigration judge can continue a case so a… Read More
Immigration Judges’ Union Fights for Judicial Independence
The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance… Read More
DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants
Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to… Read More
Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration
The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant… Read More
Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July
The immigration court system will begin to roll out an electronic filing pilot program in six immigration courts on July 16 this year, representing an important advancement for these courts that still heavily rely on paper documentation. Currently, immigration courts generally do not permit any electronic filing. Instead, immigrants… Read More
Supreme Court Decision May Make Some Eligible for Relief From Deportation
In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In Pereira v. Sessions, the Court rejected the government’s practice of placing noncitizens in immigration proceedings based… Read More
Supreme Court Upholds President Trump’s Muslim Ban
The Supreme Court issued its much-anticipated decision in Trump v. Hawaii on Tuesday, upholding the third iteration of the president’s Muslim Ban. The decision by the closely divided court, which allows the travel ban to remain in effect, drew a blistering dissent from Justice Sotomayor and civil rights groups around… Read More
Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court
Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case on Thursday declaring immigration judges do not have general authority to administratively close cases. The decision applies nationwide—though we can expect… Read More
Here’s What Happened Inside the Supreme Court During the Travel Ban Arguments
The Supreme Court heard arguments on Wednesday in Trump v. Hawaii, one of several cases challenging President Trump’s third travel ban. After two earlier travel bans were partially or fully struck down by federal courts, President Trump imposed the current travel ban. The third travel ban… Read More
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