Due Process and the Courts

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April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

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....

February 6, 2015

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have...

October 22, 2014

Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves...

August 13, 2014

Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those...

August 6, 2014

By Megan Jordi, legal director at the New Mexico Immigrant Law Center. The rule of law is only a mirage in the remote, dusty town of Artesia, New Mexico, where the Department of Homeland Security...

July 18, 2014

As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory...

July 6, 2018

The immigration court system will begin to roll out an electronic filing pilot program in six immigration courts on July 16 this year, representing an important advancement for these courts that...

June 29, 2018

In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In...

June 26, 2018

The Supreme Court issued its much-anticipated decision in Trump v. Hawaii on Tuesday, upholding the third iteration of the president’s Muslim Ban. The decision by the closely divided court, which...

May 18, 2018

Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case...

May 17, 2018
Attorney General Jeff Sessions unilaterally removed immigration judges’ general authority to administratively close cases. Ending the use of administrative closure will have far-reaching consequences for those in removal proceedings, including adding tens of thousands of cases to an already over-burdened immigration court system.
April 26, 2018

The Supreme Court heard arguments on Wednesday in Trump v. Hawaii, one of several cases challenging President Trump’s third travel ban. After two earlier travel bans were partially or fully struck...

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

April 25, 2018
Citing pushback from congressional leaders, Attorney General Jeff Sessions announced that the Executive Office for Immigration Review, part of the Department of Justice, will continue the Legal Orientation Program.
April 23, 2018

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that...

April 23, 2018
In response to a Freedom of Information Act request, the American Immigration Lawyers Association and the American Immigration Council received a partially redacted report written by Booz Allen Hamilton and commissioned by the Executive Office for Immigration Review. The comprehensive report investigated a range of immigration court issues including judicial performance reviews, Legal Orientation Programs, and procedural mechanisms, such as administrative closure, that can be used to streamline caseloads.

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