Right to Counsel
In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (LOP) despite its demonstrated ability to increase efficiencies in the nation’s horribly backlogged immigration courts. According to the Washington Post, EOIR (the Department of […]
Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon is the U.S. Constitution. The ruling by Justice Samuel Alito in Jennings v. Rodriguez reverses a decision that had required the government to give certain immigrants […]
Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life and death. Yet more than 80 percent […]
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 […]
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 […]
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 […]
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 […]
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, […]
The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S. immigration system. In reality, most immigrant children from Honduras, El Salvador, and Guatemala are fleeing the very gangs they are purportedly members […]
The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement which requires the government to comply with […]
