due process

Children Face Immigration Courts Alone Amidst Surge in Cases

A significant number of children facing deportation in the United States are doing so without legal representation, with over half of those with removal orders representing themselves in immigration courts. Data indicates that a large majority of these cases were initiated under the Biden administration, and children with lawyers are far more likely to be granted legal relief compared to those who represent themselves. The Trump administration is also reportedly identifying unaccompanied children for potential removal, though HHS denies targeting them and states its priority is proper sponsor vetting.

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Appeals Court Orders ICE to Hold Bond Hearings for Deportees, Deal Blow to Trump Administration

A conservative federal appeals court has ruled that the Trump administration must grant bond hearings to immigrants in detention within 90 days of their arrest. This decision strikes a significant blow to the administration’s policy of mandatory detention for individuals awaiting deportation proceedings, a policy criticized by civil rights groups as a violation of due process. The court emphasized that the government must provide individualized justification for continued detention without bond, with judges highlighting that most detainees do not pose a threat and have built lives within the country. This ruling adds to a growing number of federal court orders rejecting the administration’s attempts to swiftly detain and deport immigrants.

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Detention Center Cruelty Fuels Debate After Canadian’s Release

Winnipeg-born Clayton Herman has been released from U.S. Immigration and Customs Enforcement detention after nearly 250 days, following a federal judge’s order that his prolonged detainment without due process violated his rights. Herman, who was detained after alleged violations of a malfunctioning electronic monitoring device, expressed relief and anticipation of returning to normal life and accessing nutritious food, which he states were lacking in detention. The Adelanto ICE Detention Centre where he was held is under federal lawsuit for inhumane conditions. Herman’s release, though temporary as his immigration case continues, is seen by his lawyer as a step towards addressing the unlawful detention of immigrants without proper legal recourse.

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White House Lawyer Raises Alarm Over Miller’s Habeas Corpus Proposal

A senior White House lawyer cautioned President Trump against suspending habeas corpus protections for illegal immigrants, warning it would likely lead to a significant constitutional challenge. Internal memos revealed debates over executive power, with one lawyer detailing the historical and constitutional safeguards of habeas corpus, noting its suspension is permissible only in extreme circumstances and typically requires congressional approval. Another memo addressed the Insurrection Act, acknowledging its broad presidential authority but warning of legal challenges that could cause delays. Ultimately, neither of these drastic proposals was implemented, though the administration later pursued more aggressive detention policies that resulted in extensive litigation.

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Trump Administration Launches Effort to Denaturalize Citizens Accused of Fraud

The Trump administration is expanding its denaturalization campaign, seeking to revoke the citizenship of 17 individuals accused of immigration fraud and concealed criminal activity. This represents the largest such effort by the U.S. government, which historically rarely invoked its denaturalization powers. Those targeted include individuals convicted of violent crimes, sex offenses, and fraud, with allegations of lying about their past to obtain citizenship. The administration emphasizes a zero-tolerance policy for abuse of the naturalization process, stating that dishonesty and law-breaking can lead to forfeiture of citizenship.

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US Citizen Detained 25 Days by ICE Despite Passport Proof

A Maryland woman, detained by Immigration and Customs Enforcement (ICE) for 25 days despite presenting citizenship documentation, has been issued a U.S. passport. Her legal representatives confirmed on Monday that removal proceedings against her in immigration court have also been stopped. This development comes after her initial arrest in December, highlighting a significant turn in her case.

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US Citizen Shackled and Detained by ICE Raises Rights Concerns

On Wednesday, a U.S.-born Spanish-speaking mother of four was detained by ICE at a Lafayette checkpoint, despite presenting her valid Louisiana ID and Social Security card. Agents insisted her documents were fake and took her to an ICE processing center, where she was interrogated for hours and shackled. After a lawyer intervened and a neighbor provided additional proof of her citizenship, she was released around 2 a.m. the following morning, though ICE retained her Social Security card and instructed her not to leave the state.

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Chicago Protesters’ Charges Dropped Amid Government Misconduct Scandal

Federal prosecutors have dropped all remaining criminal charges against four individuals who protested outside an immigration detention center, a decision stemming from prosecutorial misconduct concerning grand jury transcripts. The judge expressed shock at the government’s redactions, stating that trust had been broken. While the protesters’ conduct was deemed unacceptable by prosecutors, the collapse of this case represents a setback for the government in legal battles concerning the right to protest. This dismissal follows similar unraveling cases for the Trump administration.

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Judge Rules Federal Agents Cannot Arrest in N.Y. Immigration Courts

Federal agents are now prohibited from making arrests in or around three Manhattan immigration court buildings unless exceptional circumstances are present, according to a recent judicial ruling. This decision halts a practice that allowed for detentions of individuals attending required immigration proceedings, often separating them from family. The judge stated that while enforcing immigration laws is important, it is also crucial for individuals to attend court and pursue asylum claims without fear of arrest. Agents can still detain individuals away from courthouses or make arrests at these locations if there are significant public safety threats.

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Judge Rules Military Lawyers Can Prosecute Civilians

A recent ruling by a judge has opened the door for the U.S. Justice Department to utilize military lawyers, known as JAGs (Judge Advocate General’s Corps), to prosecute civilian defendants in federal court. This development has sparked considerable debate and concern, with many viewing it as a troubling sign for democratic principles and the separation of powers. The core of the controversy lies in the potential for blurring the lines between the military’s role in national defense and the civilian justice system’s function of upholding individual rights and due process.

The essence of the judge’s decision, while allowing for military lawyers to prosecute civilian cases, hinges on a specific interpretation of regulations.… Continue reading