California, District 15
Trump Is Trying to Deter Us From Representing Immigrants in Court. It Won’t Work.
On March 22, the Trump administration issued a memo, directing the Attorney General and the Secretary of the Department of Homeland Security to take disciplinary and punitive action against attorneys practicing in our national courts. While the memo is broad, it takes particular aim at immigration lawyers, pro bono… Read More
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants
Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured representation, down from 65% just four years ago. This new data comes from… Read More
New EOIR Memo Updates Protections for Children in Immigration Court
A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment that children in removal proceedings are navigating a system created for adults and therefore need special protection. The guidelines… Read More
What Does the Looming Government Shutdown Mean for Our Immigration System?
After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass any spending bill for the Department of Homeland Security (DHS) unless it contains HR2, their massive… Read More
New Immigration Court Rule Would Protect Critical Docket Management Tools and Rescind Trump-Era Changes
The Department of Justice has proposed a new rule to protect immigration judges’ ability to administratively close removal proceedings and control their ever-expanding dockets. The proposed rule, published on September 8, would also rescind most of the changes introduced by a 2020 Trump-era regulation, including shortened Board of Immigration… Read More
What Is the Law? Under New Immigration Decision, the Answer Isn’t Always Clear
Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what law should an immigration judge apply when deciding the case of a noncitizen facing removal? In a time… Read More
Immigration Agencies Violate FOIA, Harming Immigrants and Government Transparency Alike
Immigration agencies have a problem with transparency. With an immigration system as complex as ours and Freedom of Information Act offices that are chronically underfunded, it’s no surprise that immigration agencies violate FOIA—a statute created to strengthen our democracy by helping regular citizens understand what the government is up to—by… Read More
71% of Immigrants Win Their Cases Thanks to Pro Bono Volunteers with the Immigration Justice Campaign
Every year at the end of October, legal service providers come together to celebrate Pro Bono Week. It is a dedicated opportunity to acknowledge the amazing work that our volunteers do—work that is the foundation of the American Immigration Council’s Immigration Justice Campaign. In an immigration system that is… Read More
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