Due Process & the Courts

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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The Fight for Appointed Counsel for Immigrant Children Continues

Written by on August 10, 2017 in Due Process & the Courts, Right to Counsel with 0 Comments
The Fight for Appointed Counsel for Immigrant Children Continues

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an immigrant child in deportation proceedings has a right to an appointed attorney when he cannot afford to hire one himself. For years, […]

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Three-Year-Old Immigrant Child Released After Two Years of Detention

Three-Year-Old Immigrant Child Released After Two Years of Detention

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for release he had encountered in his career. The child’s release marks what will hopefully be a positive turn for immigrant […]

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Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should change practices regarding “continuances.” A continuance, which only may be granted for “good cause,” is a critically important option for individuals who seek a level playing field in […]

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