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Immigration in the Courts

Citing Irreparable Harm, Evidence of Racial Animus, Economic Harm, and Pressure From the White House, Judge Temporarily Blocks Trump Administration from Ending TPS

Yesterday, a federal court issued a forceful decision to temporarily block the Trump Administration from ending Temporary Protected Status (TPS) for Sudan, Haiti, El Salvador, and Nicaragua while the court considers the merits of the case. The judge cited “irreparable harm and great hardship” to beneficiaries and their children if TPS is terminated. In addition, … Continue reading »

Sessions Again Limits Independence of Immigration Judges and Signals His Intent to Increase Detention of Asylum Seekers

Using a uniquely broad authority – certification – to unilaterally reconsider cases already reviewed by non-politically appointed judges and the Board of Immigration Appeals (BIA), Attorney General Sessions issued a decision yesterday that once again limits the independence of immigration judges by narrowing the circumstances under which they may terminate certain cases before them. He … Continue reading »

ICYMI: Houston Chronicle Editorial, “The egg cannot be unscrambled: Save DACA now!”

Despite the best efforts of President Trump, Stephen Miller and Jeff Sessions, the Deferred Action for Childhood Arrivals (DACA) program still lives. A series of legal rulings allow renewals to continue, including the recent surprising ruling from the notorious anti-immigrant Judge Andrew Hanen. A strong editorial from Sunday’s Houston Chronicle takes stock of the DACA … Continue reading »

Sessions’ Assault on the Rule of Law in Immigration Court

It’s Time for an Independent Immigration Court Yesterday, Attorney General Sessions welcomed 44 new immigration judges with an ominous warning:  “Immigration Judges [shall] conduct designated proceedings ‘subject to such supervision and shall perform such duties as the Attorney General shall prescribe.’” In other words, Sessions reminded immigration judges that they must carry out their duties … Continue reading »

Kris Kobach, Already Ordered to Remedial Law Classes, Faces Even More Legal Challenges

Kris Kobach, Kansas Secretary of State and Republican gubernatorial candidate, is facing no fewer than three separate lawsuits in the coming weeks, even though his previous court appearances have been disastrous. (He has been fined tens of thousands of dollars, been found in contempt of court, and ordered to remedial legal education.) Kobach has built … Continue reading »

Making Sense of Judge Hanen’s DACA Ruling: No Injunction, Renewals Continue

Dara Lind of Vox Explains Last Friday, federal Judge Andrew Hanen issued his long-awaiting ruling in the latest legal challenge to DACA brought by Texas and a handful of other red states. In a surprise,  Judge Hanen refused to issue an injunction in the case, meaning that DACA renewals will likely continue for the foreseeable … Continue reading »

The Cruel Anti-DACA Challenge from Texas Has No Legs to Stand On

Nearly one year ago, the Trump administration announced the end of the popular and successful Deferred Action for Childhood Arrivals (DACA) program. With the Republican Congress unable and unwilling to resolve the future of Dreamers through legislation, it has been left to the courts to intervene. To date, three federal courts have ruled that DACA … Continue reading »

How the Trump Administration is Changing Immigration Courts

“Death penalty cases in a traffic court setting,” is how Dana Leigh Marks, emeritus President of National Association of Immigration Judges, once described immigration court, an assessment emphasizing the lack of justice that can be found in the immigration court system. The problems facing this court system are numerous and longstanding, but under the Trump … Continue reading »

HuffPost: “Donald Trump And Jeff Sessions Are Hijacking The Judicial System To Attack Dreamers”

In his latest column  for Huffpost, America’s Voice Communications Manager and DACA-recipient Juan Escalante calls out Attorney General Jeff Sessions and the Trump administration for their attempts to bend the judiciary to their own xenophobic purposes. Escalante’s piece is excerpted below and available in full here. President Donald Trump’s “unshackled” agents at Immigration and Customs … Continue reading »

On Family Separation, Administration Defies Court Orders and Lies, While Congressional Republicans Remain MIA

Reuters: “U.S. Reunions of Immigrant Families Grind to a Near Halt” After separating nearly 3,000 kids from their parents, the administration appears hellbent on keeping these families separated – undermining and disregarding court orders, withholding vital information, and ignoring the American people’s outcry. Meanwhile, congressional Republicans continue to twiddle their thumbs. Yesterday, in the midst … Continue reading »