Immigration Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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December 11, 2015

Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals...

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

December 3, 2015

Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration...

October 20, 2015

In May, a group of undocumented parents, represented by South Texas Civil Rights Project and Texas Rio Grande Legal Aid, filed a lawsuit against the State of Texas for denying their children, born...

September 24, 2015

Last week, the Executive Office for Immigration Review (EOIR) announced changes to the regulations governing legal representation in immigration court and at the Board of Immigration Appeals (BIA...

September 2, 2015

Save Jobs USA—an organization comprised of IT workers who claim they lost their jobs to H-1B workers—still wants to overturn the Department of Homeland Security (DHS) rule that allows certain H-4...

August 27, 2015

Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship....

August 24, 2015

In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration...

August 14, 2015

This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to...

August 13, 2015

It would seem to be a simple matter of conscience that no child should ever stand before a judge without having an attorney as an advocate. Younger children in particular may not even understand...

October 1, 2018

On October 1, immigration judges around the country will arrive at work and face a daunting new task; complete 700 removal cases in the next year or risk official sanction. The new court quotas...

September 26, 2018

In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to...

September 24, 2018
This amicus brief discusses how Sessions’ public statements indicate prejudgment about the use of continuances and explains how Sessions’ use of the referral authority suggests that he is choosing to refer cases to himself to achieve predetermined political and policymaking goals.
September 21, 2018
Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process.
September 11, 2018

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed...

September 10, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.
September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
August 21, 2018

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread...

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