Due Process and the 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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August 29, 2016

In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative...

August 11, 2016

The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes...

August 9, 2016

This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of...

August 8, 2016

The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only...

August 3, 2016

The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and...

July 27, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the...

July 20, 2016

For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program,...

July 18, 2016

Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas.  In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth...

July 11, 2016

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue...

July 6, 2016

Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who...

January 30, 2019

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention...

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
January 22, 2019

President Trump went in front of the public on Saturday and claimed he was going to propose a “compromise” to end the ongoing government shutdown. Instead of offering a bipartisan bill that would...

January 16, 2019

A federal judge blocked the Trump administration’s plan to add a question on U.S. citizenship to the 2020 Census on Tuesday, ruling that the controversial move “violated the public trust” and...

January 14, 2019

With the government shutdown dragging into its fourth week—marking the longest shutdown in U.S. history—most of the nation’s immigration courts remain closed. The Trump administration decries...

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

December 21, 2018
The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. This practice advisory provides an overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure.
December 19, 2018

  In the first two years of the Trump administration, immigration hardliners made repeated attempts to reduce immigration court backlogs, from hiring nearly100 new immigration judges to limiting...

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

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