Due Process & the Courts
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
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
All gifts are matched dollar for dollar
No one should face the immigration system alone
