Due Process & the Courts

Immigration Judges’ Union Fights for Judicial Independence

Immigration Judges’ Union Fights for Judicial Independence

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance addresses the treatment of one immigration judge, but its […]

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DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to over one million cases. Administrative closure is a docket-management […]

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Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant or reject an asylum request can be a life-or-death […]

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Judge Orders A Full Restart of DACA, but Its Future Remains Uncertain

Judge Orders A Full Restart of DACA, but Its Future Remains Uncertain

A federal judge on Friday ordered the Trump administration to restart the Deferred Action for Childhood Arrivals (DACA) initiative by August 23. This ruling in the D.C. District Court comes just days ahead of another hearing before a hardline conservative federal judge in Texas, where seven states have challenged the constitutionality of DACA. When President […]

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Federal Audit Outlines Lasting Impacts of Trump’s Executive Orders on Immigration

Federal Audit Outlines Lasting Impacts of Trump’s Executive Orders on Immigration

President Trump wasted no time after assuming office in signing three executive orders which fundamentally changed the nature of immigration enforcement in the United States: Border Security and Immigration Enforcement Improvements; Enhancing Public Safety in the Interior of the United States; and Protecting the Nation from Foreign Terrorist Entry into the United States (commonly known […]

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USCIS Is Slowly Being Morphed Into an Immigration Enforcement Agency

USCIS Is Slowly Being Morphed Into an Immigration Enforcement Agency

U.S. Citizenship and Immigration Services (USCIS) issued new guidance to initiate deportation proceedings for thousands of applicants denied for any immigration benefit. This policy change will have far-reaching implications for many of those interacting with the agency, but also signals a major shift in how USCIS operates. USCIS was never meant to be tasked with […]

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Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July

Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July

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 still heavily rely on paper documentation. Currently, immigration courts generally do not permit any electronic filing. Instead, immigrants and their attorneys must submit documents […]

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Supreme Court Decision May Make Some Eligible for Relief From Deportation

Supreme Court Decision May Make Some Eligible for Relief From Deportation

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 Pereira v. Sessions, the Court rejected the government’s practice of placing noncitizens in immigration proceedings based on a charging document that does […]

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Supreme Court Upholds President Trump’s Muslim Ban

Supreme Court Upholds President Trump’s Muslim Ban

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 allows the travel ban to remain in effect, drew a blistering dissent from Justice Sotomayor and civil rights groups around the country. In the 5-to-4 […]

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Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

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 on Thursday declaring immigration judges do not have general authority to administratively close cases. The decision applies nationwide—though we can expect it will be challenged in the […]

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