Due Process and the Courts

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Recent Features

  • FOIA

Investigating the Immigration Court System

We're demanding information to uncover the hiring process for Assistant Chief Immigration Judge and their influence over the immigration courts.

This special report lays out the the incongruency between America's criminal justice system and its immigration justice system, and provides recommendations for how these problems could be fixed.

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All Due Process and the Courts Content

  • Blog

Supreme Court Rules Against Citizenship Question on 2020 Census

June 28, 2019

In a rebuke to the Trump administration, the Supreme Court ruled against adding a question on citizenship to the 2020 U.S. Census form—for now. Critics feared the question may discourage immigrant...

  • Blog

Federal Court Tells ICE to Stop Arrests in Massachusetts Courthouses

June 27, 2019

In Massachusetts, U.S. Immigration and Customs Enforcement (ICE) officials are barred from making civil arrests in courthouses. Such arrests have a chilling effect on the administration of justice...

  • Blog

Immigration Judges and Advocates Criticize Immigration Court System for ‘Propaganda’

May 16, 2019
  • Blog

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

May 15, 2019

The Department of Homeland Security (DHS) is resuming its controversial “Remain in Mexico” policy. This policy requires asylum-seeking Central American migrants who arrive at our Southern border...

  • Blog

Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors

May 7, 2019

A federal district court recently prevented U.S. Citizenship and Immigration Services (USCIS) from imposing a new policy that radically changed how the agency determines when a foreign student or...

  • Blog

Trump Wants to Make These 4 Disastrous Changes to the Asylum System

May 1, 2019

President Trump is calling for new regulations that will target asylum seekers arriving at the U.S.-Mexico border. These new rules would accelerate court hearings, limit options for relief, create...

  • Blog

Government Will Help 2,700 Central American Children Reunite With Their Families After Court Settlement

April 16, 2019

The Trump administration has agreed to reverse course and begin the process of reuniting 2,700 children living in Central America with their parents in the United States. The decision comes as...

  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

  • Blog

Supreme Court Rules in Favor of Expansive Immigration Detention

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

  • Blog

Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

  • Blog

Ninth Circuit Court Allows Trump’s Plan to End Temporary Protected Status to Go Forward

September 14, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that the Trump administration’s termination of Temporary Protected Status (TPS) for four countries can proceed. The fate of nearly 250...

  • Blog

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Publication Date: 
August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.
  • Blog

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border

August 12, 2020

Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a...

  • Blog

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread

August 4, 2020

As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil. The Executive Office for Immigration Review (“EOIR”) initially...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

  • Blog

Supreme Court Limits Court Oversight for Fast-Track Deportations  

June 25, 2020

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations...

  • Blog

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records

June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

  • Blog

Board of Immigration Appeals’ Restructuring and Hiring Plan Reveals Anti-Immigrant Bias

May 28, 2020

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question....

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