Due Process and the Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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July 28, 2015

Elvis Garcia is a migration counselor at the Catholic Charities Community Services of New York. He is also a former unaccompanied child who fled from his native Honduras in 2005 when he was 15...

July 27, 2015

A federal judge issued an order in the Flores case that should go a long way to ending the government’s practice of detaining children and their mothers in unlicensed, secure facilities in Dilley...

July 13, 2015

Last week, the Fifth Circuit Court of Appeals in New Orleans heard oral argument in the most closely watched immigration case in years, Texas v. United States. This is a case brought by Texas and...

July 2, 2015

Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit...

July 2, 2015

Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit...

June 11, 2015

For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S...

June 4, 2015

Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first...

May 27, 2015

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work...

May 21, 2015

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The...

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

July 13, 2017

The Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam—even a misstatement that had no impact on the naturalization...

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
June 26, 2017

The Supreme Court has decided to hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President...

June 21, 2017

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies...

June 13, 2017

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by...

June 8, 2017

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court...

June 7, 2017

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration...

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

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