Due Process & the Courts

Government Shuts Down While Negotiations Continue on DREAM Act, but Most Immigration Functions Continue

Written by on January 20, 2018 in DACA/DAPA, Enforcement, Immigration Courts, Legislation with 0 Comments
Government Shuts Down While Negotiations Continue on DREAM Act, but Most Immigration Functions Continue

With the national conversation focused squarely on Dreamers, Congress was unable to find common ground on a budget deal and has shut down the U.S. Government. Congressional leadership decided not to bring a vote on bipartisan Dream Act legislation. Instead, this was the fourth time in as many months that Congress looked to fund the […]

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Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings

Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings

In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before the Charlotte Immigration Court. This unlawful, alarming, and unconscionable practice deprives noncitizens of their basic due process rights.

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Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts

Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board of Immigration Appeals, which hears appeals from immigration courts nationwide. Sessions referred the case to himself after an immigration judge recently closed the administrative proceedings […]

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3 Things You Need to Know About DACA Developments This Week

3 Things You Need to Know About DACA Developments This Week

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately underscoring the need for an urgent fix for Deferred Action for Childhood Arrivals (DACA) recipients. In September, the administration ended the DACA program that provided a work […]

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Court Rules Detained Iraqis Are Entitled to Bond Hearings

Court Rules Detained Iraqis Are Entitled to Bond Hearings

In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending. Many of the Iraqis were swept up in a massive enforcement action in June 2017 and have remained in detention since that time. […]

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Travel Ban 3.0 Developments: What You Should Know

Travel Ban 3.0 Developments: What You Should Know

The Supreme Court—with a 7-2 vote on Monday—gave the green light to the Trump administration’s third travel ban, allowing it to fully go into effect. In two brief orders, the Supreme Court temporarily lifted injunctions from federal courts in Hawaii and Maryland that had prevented the Trump administration from imposing an indefinite ban on the […]

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Judge Grants Temporary Reprieve From Deportation to Indonesians Fearing Religious Persecution

Judge Grants Temporary Reprieve From Deportation to Indonesians Fearing Religious Persecution

After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal once again when the government agency decided to abruptly terminate the program. But on Monday, a federal district court judge in Boston ruled to extend her prior […]

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Court Requires Defense Department to Remove Hurdles to Citizenship for Army Reserve Soldiers

Written by on October 31, 2017 in Federal Courts/Jurisdiction with 0 Comments
Court Requires Defense Department to Remove Hurdles to Citizenship for Army Reserve Soldiers

In a sweeping decision, a federal judge ruled the U.S. Department of Defense (DOD) could not continue to prevent approximately 2,000 noncitizen Army Reserve soldiers from applying for citizenship. The case centers on the treatment of noncitizen soldiers who benefited from the Military Accessions Vital to the National Interest (MAVNI) program. MAVNI, established in 2008, […]

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Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds

Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life and death.  Yet more than 80 percent […]

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President Trump’s Travel Ban Blocked by Courts yet Again

President Trump’s Travel Ban Blocked by Courts yet Again

Only hours before President Trump’s third travel ban was set to go into effect Tuesday night, it was halted by the same federal court in Hawaii that stopped the second version of the travel ban in March. In his order, Judge Watson found that President Trump had gone beyond what Congress had allowed him to […]

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