Due Process & the Courts

Government Will Help 2,700 Central American Children Reunite With Their Families After Court Settlement

Government Will Help 2,700 Central American Children Reunite With Their Families After Court Settlement

The Trump administration has agreed to reverse course and begin the process of reuniting 2,700 children living in Central America with their parents in the United States. The decision comes as part of a lawsuit that challenged the termination of the Central American Minors (CAM) program. This program allowed parents legally living in the United […]

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Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may soon be corrected for some asylum seekers. On Friday, a U.S. district court judge ruled that certain detained asylum seekers must receive a […]

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‘Your Client Is Going Bye-Bye.’ New Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

‘Your Client Is Going Bye-Bye.’ New Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to Mexico to wait for hearings, and keeping migrant families under an overpass for days to wait for processing. Findings uncovered in a new complaint, however, reveal profound deficiencies […]

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Calls to Reform ‘Irredeemably Dysfunctional’ Immigration Court System Grow Louder

Written by on March 22, 2019 in Due Process & the Courts, Reform with 0 Comments
Calls to Reform ‘Irredeemably Dysfunctional’ Immigration Court System Grow Louder

In an exhaustive report  on the immigration court system, the American Bar Association (ABA) called on Congress to make sweeping changes in order to fix a system “on the brink of collapse.” According to the ABA, the immigration courts—which currently face backlogs of over 855,000 cases—are so “irredeemably dysfunctional” that the only solution is for […]

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Supreme Court Rules in Favor of Expansive Immigration Detention

Supreme Court Rules in Favor of Expansive Immigration Detention

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been previously released. The U.S. Supreme Court issued a decision in Nielsen v. Preap this week. A majority of the Court ruled that an immigration law […]

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Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge their deportation in federal court. Last week, in Thuraissigiam v. U.S. Department of Homeland Security, the Ninth Circuit Court of Appeals became the first federal appeals court […]

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The Government Is Hiding Information About How It Deports People – This Lawsuit Seeks to Expose That

The Government Is Hiding Information About How It Deports People – This Lawsuit Seeks to Expose That

The Trump administration’s aggressive enforcement tactics have made immigrants with final removal orders more vulnerable. That’s why it is more important than ever to have basic due process safeguards and to understand how they are implemented. A stay of removal (temporary reprieve from deportation) is one such safeguard in the deportation process. It helps ensure […]

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Congress Members and Others Argue Against Turning Back Asylum Seekers

Congress Members and Others Argue Against Turning Back Asylum Seekers

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U.S.-Mexico border. Now, Members of Congress, states, organizations, and law professors are standing up to the administration by supporting a lawsuit that challenges the government’s […]

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Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

Written by on February 25, 2019 in Due Process & the Courts, Immigration Courts with 0 Comments
Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is especially the case for immigrants being held in remote detention centers, hours from the nearest immigration court. However, under the Trump administration, immigration courts […]

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Blueprint for Overhauling Immigration Courts Released Through FOIA

Written by on February 21, 2019 in Due Process & the Courts, Immigration Courts with 0 Comments
Blueprint for Overhauling Immigration Courts Released Through FOIA

A FOIA request has forced the Executive Office for Immigration Review (EOIR) to produce its comprehensive plan for reducing the immigration court backlog. Though partially redacted, the aim of the October 2017 “Strategic Caseload Reduction Plan” is clear—to fundamentally alter the immigration court system under the guise of creating efficiencies. EOIR is already implementing this […]

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