Due Process & the Courts

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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DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’

DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial independence, threaten the integrity of the immigration court system, and cause massive due process violations. As it currently stands, Immigration Judges are not rated based on the number […]

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Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations

Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an individual to seek asylum and to increase fast-track deportations. In his speech, Sessions focused heavily on America’s long-standing system that provides asylum to those […]

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Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond

Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain noncitizens for more than six months without ever giving them an opportunity for a bond hearing. Although the case was first argued in December 2016, last […]

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Immigration Arrests at Courthouses Are Under Fire From State Officials

Immigration Arrests at Courthouses Are Under Fire From State Officials

Heightened immigration enforcement has in turn heightened fear, anxiety, and confusion throughout the country. Arrests and stops by federal immigration officials at state and local courthouses is one of the more disconcerting aspects of this new era of enforcement—and a growing number of state officials and supreme court Justices have said Immigration and Customs Enforcement […]

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Travel Ban 3.0: What You Need To Know

Travel Ban 3.0: What You Need To Know

Just as the Trump administration’s 90-day ban on travel from six Muslim-majority countries was set to expire, it announced the third version of its travel ban Sunday evening. This latest version expands the list of targeted countries to eight and imposes indefinite and potentially permanent bans on entry for many of the affected nationals. The […]

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States and NGOs Sue Trump Administration Over DACA Termination

States and NGOs Sue Trump Administration Over DACA Termination

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA recipients immediately went to federal court in attempt to stop its termination. In the two days since the administration called an end to DACA, three lawsuits have been […]

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Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

Written by on August 21, 2017 in Asylum, Detention, Right to Counsel with 0 Comments
Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times made the hurdles to enlisting legal help insurmountable. One such example came in March 2017, when Immigration and Customs Enforcement (ICE) banned a legal […]

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