Due Process & the Courts

New Immigration Court Directive Could Weaken Due Process

Written by on February 3, 2017 in Due Process & the Courts, Immigration Courts with 0 Comments
New Immigration Court Directive Could Weaken Due Process

The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts) to prioritize deportation hearings for certain groups, including any non-citizens who are detained and unaccompanied children who do not have a sponsor.  The memo rescinded preexisting immigration court priorities from early […]

Continue Reading

Supreme Court Nominee Neil Gorsuch on Immigration

Supreme Court Nominee Neil Gorsuch on Immigration

President Donald Trump announced his choice Tuesday to fill the Supreme Court vacancy left by the death of Justice Antonin Scalia nearly one year ago. In nominating Tenth Circuit Judge Neil Gorsuch, a Harvard Law School graduate who was confirmed to the Tenth Circuit Court of Appeals in 2006, President Trump has effectively chosen to […]

Continue Reading

Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

Written by on January 31, 2017 in Executive Action, Immigration Courts with 0 Comments
Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

The fallout continues from last week’s immigration executive order, which has been coined the “Muslim Ban.” Several lawsuits have been filed to challenge the executive order, including Ali v. Trump, on the grounds that it violates the Constitution’s guarantee of equal protection under the law and a statutory prohibition against discrimination. The American Immigration Council, […]

Continue Reading

Supreme Court Weighs Challenge to Vague Grounds of Deportation

Written by on January 19, 2017 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Weighs Challenge to Vague Grounds of Deportation

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no doubt that the intersection of criminal and immigration law is complex, but how vague can a statute be before it is […]

Continue Reading

Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

Written by on January 12, 2017 in DACA/DAPA, Enforcement, Immigration Courts with 1 Comment
Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a wide range of issues from voting rights and immigration to anti-trust litigation. During his time in the Senate, Sessions has worked towards further restricting legal immigration, drastically […]

Continue Reading

Asylum Free Zones in the U.S. Examined by Inter-American Commission

Written by on December 20, 2016 in Asylum, Immigration Courts with 0 Comments
Asylum Free Zones in the U.S. Examined by Inter-American Commission

Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on its international and national obligation to protect them. The asylum-seekers who end up in one of these hostile jurisdictions, which advocates call “asylum-free zones,” face […]

Continue Reading

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and Customs Enforcement (ICE) often have to pay the full amount of a bond because there are very few immigration bond companies. Most of […]

Continue Reading

Texas Judge Rules Immigration Family Detention Centers Cannot Get Childcare Licenses

Texas Judge Rules Immigration Family Detention Centers Cannot Get Childcare Licenses

A Texas judge issued a final judgment last Friday prohibiting the Texas Department of Family and Protective Services (DFPS) from issuing a childcare license to the nation’s largest family detention center, in Dilley, Texas and invalidating the license currently held by Karnes County Residential Center in Karnes City, Texas. In response, the State of Texas filed […]

Continue Reading

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in California, raises important questions about whether the government has the authority to categorically deny certain detained immigrants the right to have […]

Continue Reading

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge cited evidence that shows that detainees are kept in freezing holding cells—often called “hieleras” or “iceboxes” —for days without any access to showers or […]

Continue Reading

Top