Due Process & the Courts

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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Brief Argues Attorney General Lacks Impartiality Necessary to Decide Immigration Cases

Brief Argues Attorney General Lacks Impartiality Necessary to Decide Immigration Cases

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously decided by the Board of Immigration Appeals. But Sessions’ hostile anti-immigrant public statements, made over the course of his entire career, make him unfit to rule in […]

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Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement

Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2019, which doubles down on his aggressive immigration enforcement agenda. The proposed budget seeks to fund the border wall, as well as increase funding for immigration enforcement, detention, and deportations. Much of it mirrors the yet-to-be-passed FY 2018 funding request, which has […]

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In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir

In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir

  Following the contentious arrest of immigrant activist Ravi Ragbir, a federal district court ordered his immediate release from Immigration and Customs Enforcement detention on Monday. The executive director of the New Sanctuary Coalition of New York City was unexpectedly detained at an ICE check-in on January 11, sparking street protests which led to the […]

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