Due Process & the Courts
It’s Time to Fix the Immigration Court System
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. The backbone of a functioning justice system is due process. Yet over 1.25 million immigrants are fighting for their right to survive in an immigration… Read More
USCIS and ICE Must Give People Access to Their Immigration Files After Losing Lawsuit
People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals should have access to their immigration files—called A-Files—within the timeframes outlined in the Freedom of Information… Read More
How Two Proposed Rules Make It Harder for Immigration Judges to Manage Their Docket
The Executive Office for Immigration Review (EOIR) has proposed two rules that would significantly decrease the due process rights of people in immigration court. Both rules would restrict judges’ abilities to manage their dockets and require them to push through cases at breakneck speeds, further transforming the immigration court system… Read More
The Government Wants Immigrants to Show Up for Court—But Neglects to Tell Them How to Attend Their Hearings
Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As they get sent back, U.S. government officials give them insufficient information about how to attend their immigration court… Read More
The Value of Pro Bono Legal Services in Immigration Detention
Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left with little to no resources in immigration detention. Access to counsel in immigration detention is paramount to… Read More
Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges
At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for its staff of over 115,000 people. The decision could have a… Read More
USCIS is Preventing Asylum Seekers from Bringing Their Own Interpreters to Interviews
U.S. Citizenship and Immigration Services (USCIS) has implemented a new temporary rule preventing affirmative asylum seekers—who request asylum while already physically present in the United States— from bringing their own interpreters to asylum interviews. Instead, the government will provide free telephonic interpretation in 47 languages. The agency says… Read More
Ruth Bader Ginsburg’s Legacy on Immigration
Ruth Bader Ginsburg, a fierce champion of progressive rights and the second woman to serve as a Supreme Court Justice, died on Sept. 18, 2020. Long recognized as a staunch advocate for women’s rights, Justice Ginsburg leaves behind a legacy on immigration that shows her vision for justice did not… Read More
ICE Violates the Fourth Amendment When It Detains People Without Probable Cause, Court Rules
A federal appeals court recently ruled that the Fourth Amendment requires a neutral decisionmaker to review the detention of anyone held based on an U.S. Immigration and Customs Enforcement (ICE) detainer. The decision came after ICE attempted to detain an American citizen without probable cause and flagged him as… Read More
New Data Disproves Trump Administration’s Push to End Administrative Closure
The Trump administration’s justification for ending administrative closure is on thin ice. A new report casts doubt on key arguments presented in a proposed regulation that would end the practice of administrative closure. This tool allows immigration judges to temporarily suspend a hearing by taking it off of… Read More
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