Due Process & the Courts
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
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
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
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
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
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
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
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
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
All gifts are matched dollar for dollar
No one should face the immigration system alone
