Due Process and the Courts

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June 23, 2016

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and...

June 13, 2016

The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure...

June 7, 2016

Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and...

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

April 27, 2016

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded...

April 22, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 486,206 cases in the...

April 21, 2016

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final...

April 20, 2016

By Shoba Sivaprasad Wadhia, faculty scholar and law professor at Penn State Law-University Park. On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case...

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

April 23, 2018

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that...

The American Immigration Council and the American Immigration Lawyers Association filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR)—the...

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

April 11, 2018

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 (...

April 11, 2018
The Executive Office for Immigration Review (EOIR), part of the Department of Justice (DOJ), announced its intention to cancel the Legal Orientation Program (LOP) despite its immensely positive impact on judicial efficiency and fundamental fairness, and Congress’ express instruction to continue such programming, along with the provision of funding in the fiscal year 2018 appropriations bill, recently signed by the president.
April 4, 2018

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to...

February 28, 2018

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...

February 27, 2018

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for...

Publication Date: 
February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.

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