Due Process & the Courts
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
A Border Patrol Agent Assaulted a Citizen in His Own Home. The Supreme Court’s Ruling Lets the Agent Off.
The Supreme Court issued a decision on Wednesday barring a civil rights lawsuit against a U.S. Border Patrol agent for reportedly entering the property of a U.S. citizen without a warrant and assaulting him. The ruling in Egbert v. Boule emboldens Border Patrol agents to act without consequence, even… Read More
Supreme Court Rejects Review Over Factual Questions in Immigration Removal Proceedings
The Supreme Court issued a 5-4 decision on May 16 rejecting federal court review of fact-finding done by immigration courts. The Court’s reasoning could have wide-ranging impacts on many more types of immigration relief. The case—Patel v. Garland—centers around Pankajkumar Patel, a native of India, who erroneously checked a… Read More
The Supreme Court Overturning Roe v. Wade Could Have Harmful Ripple Effects for Immigrants
Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The draft opinion—published last week in an unprecedented leak—is based in a legal concept known as “originalism,” which looks… Read More
I Visited Biden’s MPP Tent Courts. The Changes Since Trump Don’t Fix the Program’s Flaws.
More than two years after visiting the Trump administration’s “Migrant Protection Protocols” (MPP) tent courts in Laredo, Texas, I returned to see how they had changed under the Biden administration. While some changes have been made, they haven’t resolved the program’s biggest flaws, such as the danger asylum… Read More
ICE’s New Guidance to Government Attorneys Aims to Reduce Immigration Court Backlog
U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s Principal Legal Advisor Kerry Doyle, the memo’s stated goal is to ensure that ICE focuses its limited resources effectively and pursues… Read More
How Would Biden’s Supreme Court Nominee Handle Immigration Cases?
President Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s record may provide some clues about how she would handle immigration cases as a Supreme Court Justice. Immigration law… Read More
The Board of Immigration Appeals Will Now Provide the Public with Access to Its Unpublished Decisions
Immigrants and their representatives will gain access to decisions of the Board of Immigration Appeals (BIA) that were not publicly available. As a result of a settlement of a lawsuit filed by the Public Citizen Litigation Group on behalf of New York Legal Assistance Group, the BIA has agreed… Read More
Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys
Immigration courts will soon take a big step into the digital age. On February 11, 2022, immigration attorneys, accredited representatives, and Department of Homeland Security (DHS) lawyers, will be required to electronically file immigration court paperwork in new immigration cases. This update won’t make the immigration court system fully paperless. Read More
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