Due Process & the Courts

Due Process & the Courts

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court-appointed counsel. Having the ability to make a phone call in a detention center is essential for a variety of… Read More

Department of Justice Proposes New Limit to the Board of Immigration Appeals' Power

Department of Justice Proposes New Limit to the Board of Immigration Appeals’ Power

The Department of Justice (DOJ) is proposing a range of measures that will limit the Board of Immigration Appeals’ (BIA) authority. The new rule—scheduled to be published on August 26—will make it harder for the BIA to independently make decisions and accelerates the removal of individuals from the United… Read More

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread

As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil. The Executive Office for Immigration Review (“EOIR”) initially postponed all non-detained hearings when lockdowns began in March. However, EOIR refused to close all… Read More

Supreme Court Limits Court Oversight for Fast-Track Deportations  

Supreme Court Limits Court Oversight for Fast-Track Deportations  

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations in federal court. Foreclosing a critical way to challenge these error-prone deportation orders leaves people even more vulnerable to abuse by immigration… Read More

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get data on immigration court cases is through the Freedom of Information Act (FOIA) or through a narrow set… Read More

Supreme Court Safeguards Federal Court Review of Torture Protections

Supreme Court Safeguards Federal Court Review of Torture Protections

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about what happens when certain people seeking protection under the Convention Against Torture are denied protection by the Board… Read More

Board of Immigration Appeals’ Restructuring and Hiring Plan Reveals Anti-Immigrant Bias

Board of Immigration Appeals’ Restructuring and Hiring Plan Reveals Anti-Immigrant Bias

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question. These procedures reflect how the agency has altered the hiring process to promote judges with a track record of anti-immigrant bias. Read More

Board of Immigration Appeals Green Lights Major Errors on Notice to Appear Forms

Board of Immigration Appeals Green Lights Major Errors on Notice to Appear Forms

The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has a missing line—say, for an apartment number when the applicant lives in a house, or… Read More

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet with their attorneys in person, leaving phone calls as the only way to communicate about their cases. Read More

It’s Time to Close the Immigration Courts

It’s Time to Close the Immigration Courts

As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention centers around the country. These hearings pose an obvious public health risk and run contrary to the government’s own recommendations regarding social… Read More

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