Category: Immigration Courts

  • A Nevada judge has ruled, in a class action suit, that “mandatory detention” for all unauthorized, despite their length of time in the US, is not legal nor practical. This after multiple courts, and appeals courts, have looked at the issue with varying decisions. Read “Detained migrants allege due process violations in class action lawsuit“

  • This TRAC report shows the mothly % of asylum cases granted and denied – showing that the current denial rate is 80%. TRAC is the Transactional Records Access Clearinghouse which references government data (from Department of Homeland Security) for it’s reports and data summaries.

  • This report, from the Migration Policy Institute, discusses a variety of federal immigration policies that are getting varying degrees of push-back from federal courts. Those policies include the following:

  • The American Prospect reported that DHS attorney’s erroneously informed ICE agents that they could make arrests at immigration courts. This became apparent during a court case where DHS attorney instructions were revealed.

  • While the DoJ tried to change immigration case appeals process through the Board of Immigration Appeals, a federal judge decided that most rules needed to remain the same. An explainer by the National Immigration Project can be found here.

  • This explainer (by AfghanEvac.org) describes the newly issued interim final rule about the Board of Immigration Appeals for immigration courts which would fundamentally change the way appeals are handled.

  • Politico reports in this article that around 98 of the 700 immigration judges have retired, quit or been terminated. Immigration judges report to the Department of Justice and the Attorney General in the Executive branch. The Attorney General can overturn cases decided by immigration judges.

  • An interview with the Brennan Center’s Margy O’Herron describes troubling issues with the current immigration system including the firing of 14% of the career immigration judges, the increased price to appeal an immigration case, SCOTUS allowing profiling, lack of due process and diverting cases to expedited removals.

  • During his keynote address at a recent gala to raise money for Immigration Law and Justice of New York, Austin Kocher (a professor at Syracuse University) cites these 7 key statistics which tell the story of US immigration currently:

  • In this article and 28-minute video, the Border Report (reporters Rudy Mireles and Sandra Sanchez) from Harlingen, Texas provides a quick explainer of some immigration basics: Border Patrol, Customs and Border Protection, Title 8 (US Immigration Law), ICE, family separations, immigration courts, and a former immigration judge talking about reviewing the cases of unaccompanied minors.…