Due Process & the Courts

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case on Thursday declaring immigration judges do not have general authority to administratively close cases. The decision applies nationwide—though we can expect it will be challenged in the […]

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Here’s What Happened Inside the Supreme Court During the Travel Ban Arguments

Here’s What Happened Inside the Supreme Court During the Travel Ban Arguments

The Supreme Court heard arguments on Wednesday in Trump v. Hawaii, one of several cases challenging President Trump’s third travel ban. After two earlier travel bans were partially or fully struck down by federal courts, President Trump imposed the current travel ban. The third travel ban targets foreign nationals from seven Muslim-majority countries who seek […]

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Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and continue the program—at least for now. The announcement was made while testifying before the Senate Appropriations Subcommittee on Commerce, Justice, and Science, which oversees the […]

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Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that deliberately contradict the recommendations given to the department by its own independent evaluators. The recommendations were made in an April 2017 Booz Allen Hamilton report commissioned by […]

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The Supreme Court Strikes Down Vague Deportation Law

The Supreme Court Strikes Down Vague Deportation Law

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be deported for a conviction for what is known in immigration law as a “crime of violence.” The “crime of violence” deportation ground is considered as […]

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The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (LOP) despite its demonstrated ability to increase efficiencies in the nation’s horribly backlogged immigration courts. According to the Washington Post, EOIR (the Department of […]

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Immigration Judge Quotas Could Result in Assembly Line Justice

Immigration Judge Quotas Could Result in Assembly Line Justice

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to reach decisions quickly, impacting individuals’ ability to have a fair day in court. The Executive Office of Immigration Review (EOIR), the DOJ component that runs […]

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Court Ensures That Asylum Seekers Will Receive a Fair Opportunity to Apply for Asylum

Court Ensures That Asylum Seekers Will Receive a Fair Opportunity to Apply for Asylum

A federal court judge in Seattle ordered the government to notify asylum seekers that they are required by law to file their asylum applications within one year of their entry, and to adopt and implement a procedure that will ensure that applicants are able to file their asylum applications by the deadline. This decision, issued […]

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Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required the government to give certain immigrants […]

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Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for Childhood Arrivals (DACA) initiative. Now that the Supreme Court has rejected their request, the government must continue to process DACA renewals while it fights the lower […]

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