Due Process & the Courts

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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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 […]

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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 […]

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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, […]

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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 […]

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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 […]

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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 […]

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