Immigration 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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Empty Benches: Underfunding of Immigration Courts Undermines Justice

Backlogs and delays benefit neither immigrants nor the government—keeping those with valid claims in limbo and often in detention, delaying removal of those without valid claims, and calling into question the integrity of the immigration justice system.

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All Immigration Courts Content

  • Amicus Briefs

F- P- v. Holder - Ninth Circuit

Publication Date: 
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.
  • Blog

Class Action Settlement Removes Obstacles Preventing Asylum Applicants from Working

December 19, 2013

A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum...

  • Amicus Briefs

Blackman Hinds v. Holder - First Circuit

Publication Date: 
November 29, 2013
At issue in the case is whether the Constitution and the immigration laws allow an immigration judge to enter a removal order without considering whether removal would be a disproportionate penalty under the circumstances. The amicus brief by the Council and the Post-Deportation Human Rights Project tells the stories of five individuals who either already have or soon will face the extreme penalty of deportation and a permanent reentry bar for minor or nonviolent crimes committed years earlier. The men and women featured in the brief share many attributes: all were lawful permanent residents; all established significant ties to this country; all left (or will leave) behind U.S. citizen family members; all committed nonviolent crimes; all have demonstrated rehabilitation; and none was afforded the opportunity to explain to the immigration judge why forcible removal from the country was unjustified under the circumstances. The brief throws into stark relief the real life human consequences of stripping judges of the ability to consider the totality of the circumstances before entering an order of removal.
  • Practice Advisories

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Publication Date: 
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

  • Press Release

First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

  • Press Release

Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

  • Fact Sheet

Providing Noncitizens With Their Day in Court

Publication Date: 
May 15, 2013
Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, immigration courts have failed to provide...
  • Press Release

Bringing Fairness to the Immigration Justice System

May 15, 2013

Washington D.C. - Thursday, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

  • Practice Advisories

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

Publication Date: 
April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
  • Press Release

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

April 23, 2013

For Immediate Release

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