Due Process & the Courts

Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney. Currently, immigration courts order unrepresented children deported despite the potential life-or-death consequences of these cases. C.J. fled Honduras when he was 13-years-old after he was held […]

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What Matthew Whitaker’s Designation as Acting Attorney General Means for Immigration

What Matthew Whitaker’s Designation as Acting Attorney General Means for Immigration

Following Jeff Sessions’ resignation as Attorney General, President Trump named Matthew Whitaker to replace him—a move that has already inspired multiple lawsuits that contend the designation was illegal. In a recent immigration case, an amicus brief explains why designating Sessions’ former chief of staff is unlawful. The amicus brief was filed in Matter of Negusie, […]

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Judge Blocks President Trump’s New Asylum Ban

Judge Blocks President Trump’s New Asylum Ban

Ruling in a lawsuit late Monday night, a federal judge in San Francisco put the Trump administration’s asylum ban—an unprecedented move that barred asylum to any individual crossing the Southern border between ports of entry—on hold. Citing the Immigration and Nationality Act, which provides that any person may apply for asylum “whether or not” they […]

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DACA Is Still in Effect as It Heads to the Supreme Court

DACA Is Still in Effect as It Heads to the Supreme Court

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously upholding a lower court injunction which had blocked the Trump administration from ending the program. Just three days before that hearing, the Department of Justice (DOJ) took […]

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A Look Back at Immigration Under Sessions’ Justice Department

A Look Back at Immigration Under Sessions’ Justice Department

Jeff Sessions resigned as Attorney General on Wednesday, less than two years after the Senate narrowly confirmed him to the post. Sessions’ tenure as the nation’s highest-ranking law enforcement officer, while relatively short-lived, was a boon to anti-immigrant groups and Trump’s hardline approach to immigration.

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The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. After weeks of negotiation with the ACLU, which brought the lawsuit, the government has now come forward with a plan to put that decision […]

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Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues

Written by on October 12, 2018 in Due Process & the Courts, Immigration Courts with 0 Comments
Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues

Overwhelmed immigration courts and massive court backlogs have long been a nation-wide problem. Hearings are regularly scheduled years in advance—in some jurisdictions, judges are scheduling hearings into 2022. This means that many immigrants are held in limbo for years, unable to move forward, while living with the uncertainty of whether or not they will be […]

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As Immigration Court Quotas Go Into Effect, Many Call For Reform

As Immigration Court Quotas Go Into Effect, Many Call For Reform

On October 1, immigration judges around the country will arrive at work and face a daunting new task; complete 700 removal cases in the next year or risk official sanction. The new court quotas and performance metrics were imposed as part of Attorney General Jeff Sessions’ ongoing push to reduce immigration court backlogs. Immigrant advocates […]

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Which Immigration Cases Will the Supreme Court Hear This Term?

Which Immigration Cases Will the Supreme Court Hear This Term?

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s immigration policies will likely end up in front of the Court by the end of the term. As it did in 2016, the […]

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Sessions Limits Immigration Judges’ Ability to Dismiss Deportation Cases

Written by on September 26, 2018 in Due Process & the Courts, Immigration Courts with 0 Comments
Sessions Limits Immigration Judges’ Ability to Dismiss Deportation Cases

In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to terminate cases. He made this decision despite the fact that these cases may be unnecessary to pursue and helpful to clear out as judges manage their […]

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