Department of Justice

Drop in Court-Ordered Deportations Means Little to Overall Deportation Numbers

Drop in Court-Ordered Deportations Means Little to Overall Deportation Numbers

Last week, the Executive Office for Immigration Review (EOIR)—the division within the Department of Justice that runs that immigration court system—released its FY2013 Statistics Yearbook detailing the number of deportation cases begun and completed in the immigration courts nationwide. The Yearbook showed a decrease in the number of immigration court cases the Department of Homeland [...]

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Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

Written by on February 14, 2014 in Department of Justice, Deportation, Family with 0 Comments
Justice Department’s Losing Battle Over Deportation Waivers for Permanent Residents

For more than five years, the Department of Justice (DOJ) has defended a policy that deprives long-term lawful permanent residents (LPRs) of the opportunity to apply for a waiver that would allow them to remain in the United States. The waiver—known as the 212(h) waiver (referring to section 212(h) of the immigration statute)—permits permanent residents [...]

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The Washington Post Exposes Sorry State of Immigration Courts

The Washington Post Exposes Sorry State of Immigration Courts

This week, the Washington Post ran a front page article drawing attention to the fact that our nation’s immigration courts are operating in crisis mode.  The immigration courts are so overcrowded that judges are forced to make split-second decisions regarding complex legal issues, calling into question whether the court system is fairly administering justice.  The [...]

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Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working

Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working

A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum claims. The inability to work for lengthy periods of time has had crippling effects on asylum applicants. Without proper work authorization, they have been [...]

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Alabama’s HB 56 Anti-Immigrant Law Takes Final Gasps

Alabama’s HB 56 Anti-Immigrant Law Takes Final Gasps

Immigration advocates who have been fighting against Alabama’s HB 56, the punitive immigration measure often called the “show me your papers” law, declared victory after the state agreed not to pursue key provisions of the 2011 legislation. The agreement is part of a settlement of long-running lawsuits filed by the U.S. Department of Justice (DOJ) [...]

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Holding the Detention System Accountable for Alleged Post 9/11 Abuses

Written by on October 18, 2013 in Courts, Department of Justice, Detention, Immigration Law with 1 Comment
Holding the Detention System Accountable for Alleged Post 9/11 Abuses

A dozen years ago, in the days after 9/11, the Metropolitan Detention Center in Brooklyn served as the site of unimaginable horror: twenty-three hour cell confinement; sleep and food deprivation; widespread physical abuse; endless humiliation through sexual harassment and constant strip-searches; and relentless taunting and insults.  The subjects of these atrocities were not enemy combatants [...]

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Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?

Why is the Obama Administration Arguing that Undocumented Immigrants Should Not Practice Law?

Today, the California Supreme Court will hear oral argument in a case that asks whether an undocumented immigrant may receive a license to practice law in California. The Committee of Bar Examiners – the entity charged with deciding who qualifies for a law license in California – supports admitting Sergio Garcia to the bar. So [...]

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Immigrants Deserve Basic Miranda-Like Warnings When Arrested

Immigrants Deserve Basic Miranda-Like Warnings When Arrested

As anyone who has watched an episode of Law and Order knows, police officers must give certain warnings to anyone placed under arrest, including that they have the right to an attorney and that the statements they make can be used against them in court. In the 1966 decision Miranda v. Arizona, the Supreme Court [...]

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Using Administrative Tools to Improve Immigration Court

Using Administrative Tools to Improve Immigration Court

Even as the push for legislative reform to our immigration system begins anew, it’s important that every tool to fix our outdated immigration system be employed, including administrative reform. While rarely discussed, attention must be paid to immigration court reform.  Immigration courts lack many of the hallmarks of due process that Americans have come to expect, [...]

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Supreme Court to Consider Reach of Padilla v. Kentucky

Supreme Court to Consider Reach of Padilla v. Kentucky

In its landmark decision in Padilla v. Kentucky, the Supreme Court confirmed that criminal defense attorneys have a constitutional obligation to advise their clients if pleading guilty to a particular offense could lead to deportation. On Thursday,* the Justices will consider a follow-up question of critical importance for many immigrants placed in removal proceedings on [...]

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