Due Process

Refugee Children Don’t Need More Immigration Enforcement

Refugee Children Don’t Need More Immigration Enforcement

A humanitarian crisis requires a humanitarian response. In the case of the unaccompanied children from Central America who are arriving at the U.S.-Mexico border, this would include decent food, shelter, and medical attention while in U.S. custody. Even more crucial, it would include careful screening of each child’s case to determine if he or she [...]

Continue Reading

Why We Are Suing the Government on Behalf of All Children Facing Deportation

Why We Are Suing the Government on Behalf of All Children Facing Deportation

The thousands of children fleeing violence and persecution and seeking refuge in the United States have brought to the forefront the issue of how our immigration system deals with children. The current system subjects kids to the same deportation laws as adults. They are ordered to appear in immigration court, where they face off against [...]

Continue Reading

Shake up at Customs and Border Protection Continues

Written by on June 10, 2014 in Border, Customs and Border Protection, Due Process with 1 Comment
Shake up at Customs and Border Protection Continues

News outlets are reporting the removal of Customs and Border Protection’s (CBP) head of internal affairs, James Tomscheck—who has been temporarily replaced by a director of inspections from the Federal Bureau of Investigations. This was a follow-up to last week’s release of the enforcement agency’s new use-of-force policy and a critical review of the agency [...]

Continue Reading

Study: Providing Representation for Indigent Immigrants Could Pay for Itself

Written by on May 30, 2014 in Courts, Deportation, Due Process with 0 Comments
Study: Providing Representation for Indigent Immigrants Could Pay for Itself

U.S. immigration laws provide only minimal due process protections for even the most vulnerable immigrants facing deportation, and in 59 percent of cases, immigrants are forced to navigate the byzantine immigration court system without representation, including many unaccompanied children. Many do not speak English, nor do they understand the laws that the courts use to [...]

Continue Reading

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 [...]

Continue Reading

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 [...]

Continue Reading

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 [...]

Continue Reading

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 [...]

Continue Reading

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 [...]

Continue Reading

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 [...]

Continue Reading

Top