Due Process

Drop in Court-Ordered Deportations Means Little to Overall Deportation Numbers

Drop in Court-Ordered Deportations Means Little to Overall Deportation Numbers

Last week, the Executive Office for Immigration Review (EOIR)—the division within the Department of Justice that runs that immigration court system—released its FY2013 Statistics Yearbook detailing the number of deportation cases begun and completed in the immigration courts nationwide. The Yearbook showed a decrease in the number of immigration court cases the Department of Homeland [...]

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Recent Report on Deportation Misses the Big Picture

Recent Report on Deportation Misses the Big Picture

The Obama administration has deported nearly 2 million people so far, and it still has two years left to go. This would seem to indicate that the U.S. immigration enforcement machine is running at top speed. However, a report from Syracuse University’s Transactional Records Access Clearinghouse (TRAC)—as well as the press stories which flowed from [...]

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Miranda-like Warning for Immigrants Argued in Ninth Circuit

Miranda-like Warning for Immigrants Argued in Ninth Circuit

Courts have long recognized that the Constitution requires police officers to inform arrested suspects of their rights—called Miranda warnings in criminal cases—before questioning them about crimes they are accused of committing. The risk is too great that a suspect who is not free to leave and is unaware of his rights would confess only due [...]

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Ongoing Government Shutdown Disrupts Immigration Processing

Ongoing Government Shutdown Disrupts Immigration Processing

With the shutdown of the government in its second week, many immigration-related agencies continue to be closed, affecting availability of services and information necessary for applications for immigration benefits and litigation of immigration cases. Because multiple federal agencies play a role in contributing to the functioning of the immigration system, the impact of the shutdown [...]

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Fear Mongering via Mexican Asylum Cases

Fear Mongering via Mexican Asylum Cases

Here’s how an immigration rumor gets started. Take one local Fox news station, mix in a bunch of undisclosed sources complaining about asylum seekers at the Otay border crossing, add in some inflammatory comments from the chairman of the board of the Center for Immigration Studies, and just wait for the story to get blown [...]

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Will Due Process Protections Be Preserved in Senate Mark-Up?

Will Due Process Protections Be Preserved in Senate Mark-Up?

On Thursday, the Senate Judiciary Committee began its mark-up of Title III of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. When the mark-up continues on Monday, Senators are likely to vote on amendments addressing immigration courts. These amendments will be crucial in determining whether the full Senate receives a bill that provides [...]

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Hundreds of Detained Immigrants Held in Solitary Confinement

Hundreds of Detained Immigrants Held in Solitary Confinement

Every day, out of more than 30,000 detainees, roughly 300 immigrants are held in solitary confinement at the nation’s 50 largest detention centers overseen by Immigration and Customs Enforcement (ICE) officials, according to federal data. Solitary confinement is one of most expensive forms of detention, the New York Times reports, and nearly half of immigrant [...]

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Hearing and Report Highlight Lack of Due Process in Immigration System

Hearing and Report Highlight Lack of Due Process in Immigration System

This week, Senator Christopher Coons of Delaware presided over a public hearing to discuss what so many of us know:  the immigration courts are failing to provide a fair, efficient, and effective system of justice.  Many of the concerns raised by Senator Coons, as well as some of the witnesses, during Wednesday’s Senate Judiciary Committee [...]

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