Latest in Asylum

Immigration

The Courts Restore the 'Remain in Mexico' Program: An End to Judicial Deference?

The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.

Coronavirus

Justice Department Proposes Video Hearings and Delayed Proceedings to Cope With Pandemic

In response to the novel coronavirus pandemic, the Justice Department submitted draft legislation last week asking Congress to implement proposals including allowing judges to toll statutes of limitations during emergencies and relaxing requirements of the Speedy Trial Act. The department also proposes to allow video teleconferencing for preliminary hearings, stating that this would “ensure that defendants are able to access courts shortly after their arrest.”

immigration

Appeals Court Affirms Two Injunctions Against Trump Administration Asylum Policies

On Feb. 28, the U.S. Court of Appeals for the Ninth Circuit issues two rulings affirming nationwide injunctions against two Trump administration immigration policy. One ruling (Innovation Law Lab et al v. Chad Wolf et al) affirmed the injuction against the "Remain in Mexico" and the other (East Bay Sanctuary Covenant v.

Immigration

Supreme Court Stays Asylum Injunction: Signal on the Merits or Procedural Snag?

On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.

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