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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May 27, 2015

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work...

May 21, 2015

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The...

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

January 16, 2018

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board...

January 5, 2018

In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending....

December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
December 20, 2017
This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply.
November 1, 2017
The statement addresses immigration court backlogs, the detailing of immigration judges to border facilities, detention policies, asylum-free zones, unaccompanied alien child definitions, and other challenges that are currently undermining due process within the immigration courts.
October 20, 2017

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the...

October 13, 2017

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial...

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

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