Due Process & the Courts

Due Process & the Courts

Immigrants Appear for Their Court Hearings, New Data Shows

Immigrants Appear for Their Court Hearings, New Data Shows

Do most immigrants show up for their immigration court hearings? A new report released by the American Immigration Council reveals that the answer to this question is a clear “Yes.” As the Biden administration begins its overhaul of the immigration enforcement system, we must ensure that our policies… Read More

Trump’s Drastic Immigration Court Fee Hikes Are Blocked in Court

Trump’s Drastic Immigration Court Fee Hikes Are Blocked in Court

The Trump administration has repeatedly tried to stop low-income immigrants from accessing protections and exercising their rights in the United States. Its last attempt—increasing immigration court fees by up to 800% through a new rule—was largely blocked in federal court on January 18, just hours before the rule was due… Read More

It’s Time to Fix the Immigration Court System

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

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

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

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

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

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

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’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

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