Due Process & the Courts

Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

The Supreme Court has decided to hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President Trump’s second executive order (EO-2), which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United […]

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Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

Written by on June 21, 2017 in Abuses, Detention, Federal Courts/Jurisdiction with 0 Comments
Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies that authorized punitive detention conditions in the wake of September 11, 2001. The six plaintiffs in Zigler v. Abbasi were swept up in […]

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“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by discriminating against Muslims, the Ninth Circuit ruled that the travel ban also violated the Immigration and Nationality Act (INA). In upholding a Hawaii federal district court decision that […]

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Fast-Track Deportation Expansion Could Impact Hundreds of Thousands of Immigrants

Fast-Track Deportation Expansion Could Impact Hundreds of Thousands of Immigrants

The U.S. Government has deported hundreds of thousands of individuals each year over the past twenty years. Since 2009, the numbers have grown dramatically and hovered right at or above 400,000 deportations per year. However, while the total number rose during the Obama administration, the underlying numbers of individuals deported from the interior of the […]

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Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court backlog topped 585,930 cases, more than double the pending cases in fiscal year (FY) 2006 (212,000). The immigration court backlog means that many people wait […]

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President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration’s chances of restoring the ban through the Supreme Court. In these tweets, the president blew a giant hole in his legal case when he insisted that his […]

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The Dire State of Immigration Detention in Georgia

The Dire State of Immigration Detention in Georgia

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not isolated incidents, but rather part of an ongoing trend in Georgia’s immigration system that consistently violates basic human rights, disregards detention standards, and leaves detained immigrants with […]

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Circuit Judge Says “Even the Good Hombres Are Not Safe”

Circuit Judge Says “Even the Good Hombres Are Not Safe”

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is exercising in deportation decisions. Judge Stephen Reinhardt, in a concurrence, concluded that instead of focusing on the “bad hombres,” the administration’s immigration policies allow immigration […]

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Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown increasingly controversial not only because it has failed to provide safe and humane conditions for mothers and children, but also because the government has created arbitrary […]

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Appeals Court Upholds Block on Trump’s Travel Ban

Written by on May 25, 2017 in Federal Courts/Jurisdiction, News Flash with 0 Comments
Appeals Court Upholds Block on Trump’s Travel Ban

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts nationals of six Muslim-majority countries from being issued visas and entering the United States. In the case International Refugee Assistance Project (IRAP) v. Trump, an overwhelming majority of […]

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