Due Process & the Courts

Appeals Court Upholds Block on Trump’s Travel Ban

Written by on May 25, 2017 in Federal Courts/Jurisdiction, News Flash with 0 Comments
Appeals Court Upholds Block on Trump’s Travel Ban

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts nationals of six Muslim-majority countries from being issued visas and entering the United States. In the case International Refugee Assistance Project (IRAP) v. Trump, an overwhelming majority of […]

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Government Regularly Denies Access to Counsel, Groups Seek New Rules

Written by on May 25, 2017 in Due Process & the Courts, Right to Counsel with 1 Comment
Government Regularly Denies Access to Counsel, Groups Seek New Rules

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time without access to attorneys, even though scores of lawyers were attempting to reach them. Denial of access to counsel in secondary detention is not […]

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Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to formally represent them in immigration court. The order was issued in a lawsuit brought by the Northwest Immigrants Right Project (NWIRP) after it received a “cease and […]

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Expedited Removal Hurts the Most Vulnerable In an Already Complicated Immigration System

Expedited Removal Hurts the Most Vulnerable In an Already Complicated Immigration System

The government often relies on “fast track” deportation methods to bypass due process protections in an effort to more rapidly process asylum seekers who come to the United States seeking humanitarian protection. One such deportation method, expedited removal, disadvantages the most vulnerable non-citizens currently in the United States: women and their children held in detention […]

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Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American plaintiffs in the case—28 mothers and their 33 children, many of whom have been detained for over a year—fled north to the United States after escaping […]

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Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand federal court prosecutions of immigration violators across the nation. Operation Streamline and other border enforcement programs—where some border crossers are referred by Customs and Border Protection (CBP) to […]

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Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice, and that advice becomes the catalyst for their deportation? This is the question the Supreme Court tackled on Tuesday, asking whether an immigrant […]

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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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