Due Process & the Courts
Is Chevron deference on the Supreme Court’s chopping block?
The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal agencies’ reasonable interpretations of ambiguous laws. The Supreme Court’s decision to take the case about fishing… Read More
Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases
In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration Appeals (BIA)—before she could take her case to federal court to challenge her deportation order. The… Read More
Finding a Pro Bono Immigration Attorney Is Harder Than Ever
If you are an asylum seeker in the United States who cannot afford an attorney, your chance of finding pro bono assistance is now slimmer than ever. As the number of cases in immigration court has increased, the amount of free representation for immigrants has not. At the Immigration… Read More
What Is the Law? Under New Immigration Decision, the Answer Isn’t Always Clear
Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what law should an immigration judge apply when deciding the case of a noncitizen facing removal? In a time… Read More
Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?
In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect, after a DC court had overturned the policy. The… Read More
71% of Immigrants Win Their Cases Thanks to Pro Bono Volunteers with the Immigration Justice Campaign
Every year at the end of October, legal service providers come together to celebrate Pro Bono Week. It is a dedicated opportunity to acknowledge the amazing work that our volunteers do—work that is the foundation of the American Immigration Council’s Immigration Justice Campaign. In an immigration system that is… Read More
The Racist Origins of the Lawsuit Against Biden’s Immigration Enforcement Priorities
Written by Joseph Meyers, Staff Attorney at the National Immigration Project A group of immigrant advocacy organizations filed an amicus brief in United States v. Texas last week, in which they highlight the unlawful, racist arguments behind Texas and Louisiana’s lawsuit against the Biden administration’s immigration enforcement priorities. In… Read More
What Does Legal Representation Look Like in Immigration Courts Across the Country?
Written by Emily Creighton of the American Immigration Council and Jennifer Whitlock of the American Immigration Lawyers Association. It might seem like a straightforward statistic: 44% of individuals who appear in deportation proceedings have an immigration attorney. But it’s not so simple. Instead, it is a number that must factor… Read More
New Report Reveals Widespread Failures by DHS To Prosecute Immigration Court Cases
Thousands of immigration court cases have been dismissed this year for an astonishing reason: U.S. Customs and Border Protection (CBP) has failed to file the most basic paperwork with the courts. According to a report released last week by the Transactional Records Access Clearinghouse (TRAC) of Syracuse University, tens… Read More
Immigrant Rights Look Very Different After the Latest Supreme Court Term
Recent decisions by the Supreme Court have roiled the immigrant rights community. Though many decisions weren’t surprising given the conservative majority on the Court, the decisions touch on a wide range of issues—from federal court review of detention to agency accountability for misconduct at the border. Some of the Court’s… Read More
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