Due Process & the Courts

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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Government Regularly Denies Access to Counsel, Groups Seek New Rules

Government Regularly Denies Access to Counsel, Groups Seek New Rules

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time without access to attorneys, even though scores of lawyers were attempting to reach them. Denial of access to counsel in secondary detention is not […]

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Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to formally represent them in immigration court. The order was issued in a lawsuit brought by the Northwest Immigrants Right Project (NWIRP) after it received a “cease and […]

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Expedited Removal Hurts the Most Vulnerable In an Already Complicated Immigration System

Expedited Removal Hurts the Most Vulnerable In an Already Complicated Immigration System

The government often relies on “fast track” deportation methods to bypass due process protections in an effort to more rapidly process asylum seekers who come to the United States seeking humanitarian protection. One such deportation method, expedited removal, disadvantages the most vulnerable non-citizens currently in the United States: women and their children held in detention […]

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Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American plaintiffs in the case—28 mothers and their 33 children, many of whom have been detained for over a year—fled north to the United States after escaping […]

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Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand federal court prosecutions of immigration violators across the nation. Operation Streamline and other border enforcement programs—where some border crossers are referred by Customs and Border Protection (CBP) to […]

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Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice, and that advice becomes the catalyst for their deportation? This is the question the Supreme Court tackled on Tuesday, asking whether an immigrant […]

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