Due Process & the Courts
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
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants
Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured representation, down from 65% just four years ago. This new data comes from… Read More
New EOIR Memo Updates Protections for Children in Immigration Court
A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment that children in removal proceedings are navigating a system created for adults and therefore need special protection. The guidelines… Read More
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
New Board of Immigration Appeals Decision Sets Roadblock for Cubans, Others Seeking Green Cards
A recent Board of Immigration Appeals (BIA) decision bars certain recently arrived noncitizens from becoming lawful permanent residents. In Matter of Cabrera-Fernandez, the BIA held that the petitioner had not been paroled into the United States when the Department of Homeland Security (DHS) released… Read More
New Immigration Court Rule Would Protect Critical Docket Management Tools and Rescind Trump-Era Changes
The Department of Justice has proposed a new rule to protect immigration judges’ ability to administratively close removal proceedings and control their ever-expanding dockets. The proposed rule, published on September 8, would also rescind most of the changes introduced by a 2020 Trump-era regulation, including shortened Board of Immigration… Read More
Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case
Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or induc[ing]” a non-citizen to enter or reside in the United States did not violate the U.S. Constitution’s protection of free… Read More
Make a contribution
Make a direct impact on the lives of immigrants.
