Due Process & the Courts

Due Process & the Courts

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

The Department of Justice is Restructuring Immigration Courts in Secret

The Department of Justice is Restructuring Immigration Courts in Secret

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency around these changes is especially important because they compromise fairness in the courts. The Department of Justice (DOJ) oversees the Executive Office for Immigration Review… Read More

What Will It Take for USCIS to Reduce Its FOIA Backlog?

What Will It Take for USCIS to Reduce Its FOIA Backlog?

March 15 marks the beginning of Sunshine Week – a week devoted to celebrating the importance of government transparency and access to public records. It is a time to point out the lack of openness and accountability among immigration agencies and to assess what must be done to fight for… Read More

Judge Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews in Maryland

Judge Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews in Maryland

The U.S. Department of Homeland Security (DHS) has been targeting U.S. citizens’ foreign spouses when they apply for legal immigration status. Earlier this month, a federal judge in Maryland put a halt to this practice. For the past few years, couples attending interviews about their marriages sometimes faced a terrible… Read More

How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?

How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?

A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human needs.” This includes providing beds, blankets, food, water, personal hygiene, and medical care. Federal Judge Bury determined the… Read More

Calls for Independent Immigration Court Grow Louder at Congressional Hearing

Calls for Independent Immigration Court Grow Louder at Congressional Hearing

A congressional oversight committee held a hearing this week on the need for immigration court reform and the systemic due process challenges within the immigration court system. The House Judiciary Committee’s Subcommittee on Immigration and Citizenship heard from several experts on the issue. Most experts made… Read More

A Humanitarian Catastrophe at the Border: One Year of the 'Migrant Protection Protocols'

A Humanitarian Catastrophe at the Border: One Year of the ‘Migrant Protection Protocols’

One year ago today, a confused Honduran man seeking asylum in the United States became the first person to be turned away from the border and sent back to Mexico to await a U.S. court hearing. He would become the first of nearly 60,000 people subjected… Read More

Tent Immigration Courts Are Still Not Fully Open to the Public

Tent Immigration Courts Are Still Not Fully Open to the Public

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The government announced these secretive courts would finally be opened last week, but the public still does not have full access. For the… Read More

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these individuals can receive from “friend of the court” attorneys. The Executive Office for Immigration Review (EOIR), the agency which includes… Read More

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