Due Process & the Courts
New Memo to Immigration Judges Reaffirms Availability of Administrative Closure
The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter… Read More
Here Are the Immigration Cases Before the Supreme Court This Term
The United States Supreme Court will face challenging questions impacting immigration law as it begins considering cases in its October 2021 term. The Court’s decisions on these cases will impact access to: Federal court review over certain immigration judge decisions. Bond hearings for certain noncitizens who have spent months in… Read More
Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier
Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new policy from the Biden administration is aimed to increase access to counsel by making… Read More
ICE Begins Mass Mailing Court Notices to Asylum Seekers Released at the Border
Since President Biden took office, U.S. Customs and Border Protection (CBP) officers have released over 250,000 people seeking asylum directly at the border. In nearly half of these cases, people were not released with a formal “Notice to Appear” in immigration court. Instead, officers gave them a “Notice to Report”… Read More
$1/Day Labor Program for Immigrants in Detention Ruled Unlawful in Washington State
In a landmark court decision, Geo Group—one of the largest private prison companies that own and/or manage dozens of immigrant detention centers across the United States—was found to have violated Washington state’s minimum wage laws. The company has been ordered to pay over $23 million, $17.3 million of which will… Read More
ICE Fails to Provide Basic Oversight of Solitary Confinement and Unlawfully Destroys Records
U.S. Immigration and Customs Enforcement (ICE) has been known to improperly subject individuals in its custody to solitary confinement and has destroyed solitary confinement records in violation of a records retention schedule and an agreement to preserve records in a lawsuit. On October 13, the U.S. Department of Homeland Security… Read More
New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation
Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to expand access to legal representation for people facing deportation. It comes on the heels of… Read More
Felony Reentry Immigration Law Is Unconstitutional Due to Racist Origins, Judge Rules
A federal judge ruled for the first time in U.S. history that a provision of U.S. immigration law which makes it a felony for someone to reenter the United States after having been deported is unconstitutional because of its racist origins. Since 1929, U.S. immigration law has made it… Read More
Attorney General Garland Brings Back Administrative Closure for Immigration Judges
Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing deportation to pursue all available paths to legal status. In Matter of Cruz-Valdez, the attorney general reversed a decision… Read More
Supreme Court Denies Bond Hearings to People Pursuing Protection Claims Who Have Prior Removal Orders
The Supreme Court issued a decision on June 29 in the Johnson v. Guzman Chavez case. The majority of the justices determined that people with prior removal orders are subject to mandatory detention, even while they pursue proceedings to stop their deportation to a country where they established they have… Read More
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