[This post is co-authored by Jill Family and Lenni Benson, Professor of Law, New York Law School] Our legal system should not provide fair process in name only. On paper, our immigration system provides procedural protections in an administrative hearing where the outcome defines lives. For those facing the full weight of government power in […]

With the deluge of immigration law news, it is hard for every development to get the attention it deserves. Here I hope to draw some attention to a lawsuit filed on September 19, 2017 that challenges the Trump Administration’s delay of a start date of an Obama-era notice and comment rule. Days before President Trump […]

Immigration law is tasked with determining who should be removed (deported) from the United States. Theoretically, that adjudication takes place before an immigration judge, who works for the Department of Justice. A lawyer for the Department of Homeland Security represents the government. There is a good chance the foreign national has no attorney, especially if […]

The Immigration Law Section has out two calls for papers for AALS 2018.  San Diego!  In January!  Both calls are posted below.  One is for works in progress, the other is for the section’s main program at the conference. AALS Immigration Law Section Call for Papers for Works-in-Progress Session at AALS San Diego, CA Saturday, […]

The Environmental Protection Agency is seeking public comment to help it identify “regulations that may be appropriate for repeal, replacement, or modification” in response to President Trump’s executive order directing agencies to conduct such inquiries.  The EPA notice made me wonder if we will see a similar notice from the immigration agencies seeking similar input. […]

The Trump Administration’s immigration law policies are shining new light on the due process gaps in immigration law. In addition to the due process issues raised by his travel ban, President Trump’s new policies on expedited removal raise legal questions about the absence of process in immigration law. There is another due process gap that […]

[2/21 3:10PM Update: The final signed versions of the Kelly guidance memos are available here. The final version of the relevant memo includes the same rationale about immigration court backlogs discussed in this post.] Are these the actual guidance memos? Two guidance memos signed by Secretary of Homeland Security Kelly recently surfaced that appear to […]