Due Process & the Courts

States and NGOs Sue Trump Administration Over DACA Termination

States and NGOs Sue Trump Administration Over DACA Termination

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA recipients immediately went to federal court in attempt to stop its termination. In the two days since the administration called an end to DACA, three lawsuits have been […]

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Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

Written by on August 21, 2017 in Asylum, Detention, Right to Counsel with 0 Comments
Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times made the hurdles to enlisting legal help insurmountable. One such example came in March 2017, when Immigration and Customs Enforcement (ICE) banned a legal […]

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The Fight for Appointed Counsel for Immigrant Children Continues

Written by on August 10, 2017 in Due Process & the Courts, Right to Counsel with 0 Comments
The Fight for Appointed Counsel for Immigrant Children Continues

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an immigrant child in deportation proceedings has a right to an appointed attorney when he cannot afford to hire one himself. For years, […]

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Three-Year-Old Immigrant Child Released After Two Years of Detention

Three-Year-Old Immigrant Child Released After Two Years of Detention

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for release he had encountered in his career. The child’s release marks what will hopefully be a positive turn for immigrant […]

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Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should change practices regarding “continuances.” A continuance, which only may be granted for “good cause,” is a critically important option for individuals who seek a level playing field in […]

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Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although other courts have struck down detainers on the grounds that they violate the Constitution, the Supreme Judicial Court concluded that law enforcement officials have no authority under […]

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Trump Administration Targeting Immigrant Children Is a New Low

Trump Administration Targeting Immigrant Children Is a New Low

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S. immigration system. In reality, most immigrant children from Honduras, El Salvador, and Guatemala are fleeing the very gangs they are purportedly members […]

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Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown. According to new data released by the Transactional Records Access Clearinghouse (TRAC) the reason for this may be due to the fact that […]

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Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

This story was updated on July 19, 2017. U.S. District Judge Derrick Watson ruled last week that “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States,” as well as refugees connected to resettlement agencies should be exempt from the Trump administration’s travel ban. This ruling came as a […]

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Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement which requires the government to comply with […]

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