Due Process & the Courts

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Jeff Sessions Nomination for Attorney General is Highly Concerning to Future of Immigration Policy

Jeff Sessions Nomination for Attorney General is Highly Concerning to Future of Immigration Policy

President-elect Donald Trump has nominated, Senator Jefferson Beauregard Sessions III (R-AL) to serve as the nation’s next Attorney General.  Senator Sessions has led the fight against immigration reform at every turn during his 20 years in the Senate. He has urged severe restrictions on visas, called for drastically expanded immigration enforcement, and blocked all practical […]

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Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Written by on November 17, 2016 in Federal Courts/Jurisdiction with 0 Comments
Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of children born out-of-wedlock when granting citizenship to their children born abroad. In determining whether a U.S. citizen parent may transfer his or her citizenship to […]

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How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan

Written by on November 16, 2016 in Immigration Courts with 1 Comment
How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan

For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from  (TRAC) record the backlog at an all-time high of 521,676 as of the end of October, the first month in Fiscal Year (FY) 2017. The data release coincides with reports of President-Elect Donald Trump’s plan for […]

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Immigration Groups File Briefs Calling For End to Detention Without Bond

Immigration Groups File Briefs Calling For End to Detention Without Bond

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration authorities may be detained for months on end, while awaiting hearings that will determine whether they can remain in the United States. Many of these noncitizens are legal […]

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