Due Process & the Courts

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed immigration court system and directed judges to carry out the Trump administration’s punitive, anti-immigration agenda. While many would have taken the opportunity to reinforce principles […]

396 Shares

Continue Reading

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress. The LOP, which is managed by […]

90 Shares

Continue Reading

Brett Kavanaugh’s Record on Immigration Raises Questions

Brett Kavanaugh’s Record on Immigration Raises Questions

President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer questions about his judicial record and temperament.  During multiple days of hearings, senators are expected to ask him about his position on everything from abortion to gun rights, […]

224 Shares

Continue Reading

Federal Judge Allows DACA Renewals to Continue for Now

Federal Judge Allows DACA Renewals to Continue for Now

This week will mark the one-year anniversary of President Trump’s announcement ending the Deferred Action for Childhood Arrivals (DACA) initiative. Yet, defenders and recipients of DACA are celebrating a decision that came late last week, in which several states attempting to end the initiative were hit with a major setback. On Friday, U.S. Judge Andrew […]

268 Shares

Continue Reading

Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread implications for immigration court process. The case, Matter of L-A-B-R-, addresses circumstances under which an immigration judge can continue a case so a person in removal proceedings may […]

180 Shares

Continue Reading

Immigration Judges’ Union Fights for Judicial Independence

Immigration Judges’ Union Fights for Judicial Independence

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance addresses the treatment of one immigration judge, but its […]

169 Shares

Continue Reading

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to over one million cases. Administrative closure is a docket-management […]

2K Shares

Continue Reading

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant or reject an asylum request can be a life-or-death […]

282 Shares

Continue Reading

Judge Orders A Full Restart of DACA, but Its Future Remains Uncertain

Judge Orders A Full Restart of DACA, but Its Future Remains Uncertain

A federal judge on Friday ordered the Trump administration to restart the Deferred Action for Childhood Arrivals (DACA) initiative by August 23. This ruling in the D.C. District Court comes just days ahead of another hearing before a hardline conservative federal judge in Texas, where seven states have challenged the constitutionality of DACA. When President […]

270 Shares

Continue Reading

Federal Audit Outlines Lasting Impacts of Trump’s Executive Orders on Immigration

Federal Audit Outlines Lasting Impacts of Trump’s Executive Orders on Immigration

President Trump wasted no time after assuming office in signing three executive orders which fundamentally changed the nature of immigration enforcement in the United States: Border Security and Immigration Enforcement Improvements; Enhancing Public Safety in the Interior of the United States; and Protecting the Nation from Foreign Terrorist Entry into the United States (commonly known […]

73 Shares

Continue Reading

Top