Due Process & the Courts

Increased Role of Police in Immigration Enforcement Heightens Need for Suppression of Unlawfully Obtained Evidence

Written by on March 28, 2017 in Due Process & the Courts, Uncategorized with 0 Comments
Increased Role of Police in Immigration Enforcement Heightens Need for Suppression of Unlawfully Obtained Evidence

Under the Trump administration’s recent executive order on interior enforcement, state and local police are being pressured to work closely with immigration officers to carry out sweeping immigration enforcement actions. Advocates fear that this approach will have devastating consequences for immigrant communities and undermine public safety and trust between these communities and police. In addition, […]

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Travel Ban 2.0 Halted by Two District Judges

Travel Ban 2.0 Halted by Two District Judges

The Trump administration has failed in its attempt to rewrite the executive order banning individuals from targeted Muslim-majority nations in order to pass legal muster. On the eve of the new order taking effect, two district judges have shut it down. The first nationwide order was issued by a district court in Hawaii on Wednesday […]

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The Sad State of Atlanta’s Immigration Court

Written by on March 10, 2017 in Immigration Courts with 5 Comments
The Sad State of Atlanta’s Immigration Court

The Atlanta immigration court is known as one of the worst places to be in deportation proceedings. For years, the judges have been accused of abusive and unprofessional practices and the denial rate of asylum applications alone is 98 percent. The latest effort to document this phenomenon comes from Emory Law School and the Southern […]

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Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

Written by on February 22, 2017 in Abuses, Enforcement, Federal Courts/Jurisdiction with 1 Comment
Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

Officers with U.S. Customs and Border Protection (CBP)—the federal agency which includes the Border Patrol—are rarely held accountable for their actions. Nowhere is this more apparent than in the case of Sergio Hernandez, a 15-year-old boy shot dead in 2010 in Mexico by a Border Patrol agent who fired on him from the U.S. side […]

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Five Important Points Made by the Court That Rejected the Muslim Ban

Five Important Points Made by the Court That Rejected the Muslim Ban

The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are consistent with our Constitution; and key parts of the Executive Order banning refugees and noncitizens from seven Muslim-majority countries are likely unconstitutional. In its […]

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Federal Appeals Court Says Muslim Ban Stays on Hold

Federal Appeals Court Says Muslim Ban Stays on Hold

The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban.  The Court rejected the government’s attempt to shield the Executive Order behind national security, explaining that doing so “runs contrary to the fundamental structure of our constitutional democracy.” This decision affirms […]

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Attorney General Sessions’ First Orders of Business on Immigration

Written by on February 9, 2017 in Enforcement, Immigration Courts with 0 Comments
Attorney General Sessions’ First Orders of Business on Immigration

Jeff Sessions was confirmed as Attorney General this week by a vote of 52-47, following a very contentious confirmation process. As Attorney General and head of the Department of Justice (DOJ), Sessions will oversee key immigration-related functions. The three recently issued executive orders on immigration give the Attorney General  specific directives and are likely to […]

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New Immigration Court Directive Could Weaken Due Process

Written by on February 3, 2017 in Due Process & the Courts, Immigration Courts with 0 Comments
New Immigration Court Directive Could Weaken Due Process

The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts) to prioritize deportation hearings for certain groups, including any non-citizens who are detained and unaccompanied children who do not have a sponsor.  The memo rescinded preexisting immigration court priorities from early […]

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Supreme Court Nominee Neil Gorsuch on Immigration

Supreme Court Nominee Neil Gorsuch on Immigration

President Donald Trump announced his choice Tuesday to fill the Supreme Court vacancy left by the death of Justice Antonin Scalia nearly one year ago. In nominating Tenth Circuit Judge Neil Gorsuch, a Harvard Law School graduate who was confirmed to the Tenth Circuit Court of Appeals in 2006, President Trump has effectively chosen to […]

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Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

Written by on January 31, 2017 in Executive Action, Immigration Courts with 0 Comments
Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

The fallout continues from last week’s immigration executive order, which has been coined the “Muslim Ban.” Several lawsuits have been filed to challenge the executive order, including Ali v. Trump, on the grounds that it violates the Constitution’s guarantee of equal protection under the law and a statutory prohibition against discrimination. The American Immigration Council, […]

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