Due Process & the Courts
Sessions Limits Immigration Judges’ Ability to Dismiss Deportation Cases
In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to terminate cases. He made this decision despite the fact that these cases may be unnecessary to pursue and helpful to… Read More
In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence
Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed immigration court system and directed judges to carry out the Trump administration’s punitive, anti-immigration agenda. While many would have… Read More
New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants
The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress. Read More
Brett Kavanaugh’s Record on Immigration Raises Questions
President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer questions about his judicial record and temperament. During multiple days of hearings, senators are expected to ask him about his position on everything… Read More
Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges
Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse. This decision will have widespread implications for immigration court process. The case, Matter of L-A-B-R-, addresses circumstances under which an immigration judge can continue a case so a… Read More
Immigration Judges’ Union Fights for Judicial Independence
The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance… Read More
DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants
Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to… Read More
Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration
The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant… Read More
Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July
The immigration court system will begin to roll out an electronic filing pilot program in six immigration courts on July 16 this year, representing an important advancement for these courts that still heavily rely on paper documentation. Currently, immigration courts generally do not permit any electronic filing. Instead, immigrants… Read More
Supreme Court Decision May Make Some Eligible for Relief From Deportation
In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In Pereira v. Sessions, the Court rejected the government’s practice of placing noncitizens in immigration proceedings based… Read More
America's story is an immigrant story.
