Due Process & the Courts

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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, […]

Continue Reading

Supreme Court Weighs Challenge to Vague Grounds of Deportation

Written by on January 19, 2017 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Weighs Challenge to Vague Grounds of Deportation

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no doubt that the intersection of criminal and immigration law is complex, but how vague can a statute be before it is […]

Continue Reading

Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

Written by on January 12, 2017 in DACA/DAPA, Enforcement, Immigration Courts with 1 Comment
Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a wide range of issues from voting rights and immigration to anti-trust litigation. During his time in the Senate, Sessions has worked towards further restricting legal immigration, drastically […]

Continue Reading

Asylum Free Zones in the U.S. Examined by Inter-American Commission

Written by on December 20, 2016 in Asylum, Immigration Courts with 0 Comments
Asylum Free Zones in the U.S. Examined by Inter-American Commission

Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on its international and national obligation to protect them. The asylum-seekers who end up in one of these hostile jurisdictions, which advocates call “asylum-free zones,” face […]

Continue Reading

Top