Board of Immigration Appeals

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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Will Due Process Protections Be Preserved in Senate Mark-Up?

Will Due Process Protections Be Preserved in Senate Mark-Up?

On Thursday, the Senate Judiciary Committee began its mark-up of Title III of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. When the mark-up continues on Monday, Senators are likely to vote on amendments addressing immigration courts. These amendments will be crucial in determining whether the full Senate receives a bill that provides […]

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What Do You Think About Immigration Reform?

What Do You Think About Immigration Reform?

As the Senate continues to shepherd a comprehensive immigration reform bill through the legislative process (day two of mark-up in the Senate Judiciary Committee begins tomorrow), it becomes clear how many issues are at stake in reform and how interconnected they are. It’s also overwhelming at times. That’s why the American Immigration Council is attempting […]

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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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How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System

How Budget Cuts From Sequestration Will Affect The Nation’s Immigration System

The U.S.’s immigration system, already burdened by application processing backlogs and insufficient funding for immigration courts, could become even more unwieldy if the government must slash its budget on March 1. Sequestration – a package of across-the-board government spending cuts totaling $85 billion this year and $1.2 trillion over the next decade – likely will […]

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SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

SCOTUS Narrows Protections For Noncitizens Who Received Poor Legal Advice

Almost three years ago, in the landmark decision Padilla v. Kentucky, the Supreme Court acknowledged the severity of deportation and that our current immigration laws make “removal nearly an automatic result” for many noncitizens convicted of crimes.  Consequently, the Court held that a criminal defense attorney must advise noncitizen clients about the risks of deportation […]

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Shoddy Court Process Behind the Record Number of Deportations

Shoddy Court Process Behind the Record Number of Deportations

The Obama Administration is on record for pursuing the toughest immigration enforcement policies in U.S. history, mostly evidenced by its record numbers of deportations.  These numbers speak volumes:  last year, nearly 400,000 people were deported from the United States.  While these numbers are shockingly high and there has been much discussion about how these actions […]

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Why Immigrants Should Have Access to Legal Counsel

Why Immigrants Should Have Access to Legal Counsel

U. S. immigration laws are incredibly complex, yet they provide only minimal due process protections for even the most vulnerable noncitizens. In criminal courts, defendants who cannot afford an attorney are provided one for free, but in immigration court, noncitizens do not receive the same protections. As a result, many immigrants facing deportation are forced […]

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Watchdog Report Offers Misdiagnosis of Immigration Court Backlog

Watchdog Report Offers Misdiagnosis of Immigration Court Backlog

With more than 325,000 cases pending at the start of October, our nation’s immigration courts are indisputably operating under a crushing backlog. The only question is whether and how it can be resolved. In a little-noticed report issued in early November, the Inspector General of the Justice Department levied a number of criticisms regarding the […]

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Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws

Supreme Court Case Highlights Cruel Intersection of Immigration and Drug Laws

Tomorrow morning, the Supreme Court will hear arguments in a complicated immigration case involving how courts should determine whether a crime qualifies as an “aggravated felony.” Once the legal clutter is set aside, however, the case provides a clear example of how our nation’s immigration laws often fail to account for the most basic considerations […]

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