Administrative Closure
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
US and Canada Expand Safe Third Country Agreement in Another Move to Limit Asylum
The United States and Canada announced the expansion of their Safe Third Country Agreement (STCA) last week during President Biden’s visit to Canada. Under U.S. law, a so-called “Safe Third Country” agreement allows the United States to deport asylum seekers to a third country without allowing them to apply… Read More
New Memo to Immigration Judges Reaffirms Availability of Administrative Closure
The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter… Read More
Biden Administration Begins Reuniting the First of Thousands of Migrant Families Still Separated
Four families separated under the Trump administration will be reunited this week, the Department of Homeland Security (DHS) announced. They will be the first families to be reunited thanks to the efforts of the Family Reunification Task Force, launched by the Biden administration in February. It’s estimated that over… Read More
Sinema and Cornyn Propose Changes to Asylum Processing at the Border
The current situation at the U.S.-Mexico border has once again exposed the flaws of our country’s asylum system. On April 22, Senators Kyrsten Sinema and John Cornyn and Representatives Tony Gonzales and Henry Cueller introduced a bipartisan, bicameral bill as an effort to alleviate some of the system’s greatest deficiencies. Read More
Proposed Student Visa Restrictions Would Disproportionately Impact African Nations
For generations, international students pursuing their studies in the United States have been permitted to remain in the country for the duration of their studies. This helps to guarantee that they are able to complete their degrees before having to depart the country. But under a new proposal put… 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
CBP Hides Itself from Public View and Lacks Accountability
U.S. Customs and Border Protection (CBP) has historically conducted immigration enforcement along our borders. In this role, the agency has developed a reputation for overuse and abuse of its authority. Government transparency efforts have been critical in uncovering CBP’s misconduct. Freedom of Information Act (FOIA) lawsuits have revealed, for example,… Read More
DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants
Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to… Read More
DHS Prosecutes Over 600 Parents in Two-Week Span and Seizes their Children
Following implementation of a "zero tolerance" policy by the Department of Homeland Security (DHS) and Department of Justice (DOJ), where migrants who enter without inspection are referred for criminal prosecution, a DHS official announced that 638 parents who crossed with children had been prosecuted in just a 13-day span this month. The admission raises a variety of questions and concerns about what happened to the children while those prosecutions occurred and where those children are today. Read More
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