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Administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice
Several federal courts have recently ruled against Immigration and Customs Enforcement (ICE) on due process and detention-conditions grounds, including and , among others. These decisions include prel...
Criminal prosecutions under 8 U.S.C. §1325 (illegal entry) and §1326 (illegal reentry) have become a large and visible share of federal criminal caseloads in recent years — at times representing more ...
Yes — a lawful noncitizen can appeal many deportation (removal) orders in the U.S.; appeals normally begin by filing a Notice of Appeal with the Board of Immigration Appeals (BIA) and follow strict de...
Expedited removal orders are , but multiple narrow pathways exist to avoid or undo removal, most notably the credible fear process that can convert an expedited removal into full removal proceedings a...
US immigration authorities apply a heightened evidentiary standard—“substantial and probative evidence”—to find marriage fraud, a threshold courts and the Board of Immigration Appeals describe as more...
The main goals of the 1996 Comprehensive Immigration Reform package—most notably enacted as the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996—were to deter and reduce un...
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) inserted multiple statutory changes that critics say curtailed due process, expanded mandatory detention and fast-track re...
USCIS (part of DHS) primarily handles affirmative asylum applications and can grant asylum at an administrative interview; if USCIS denies or refers a case, the applicant may face immigration court an...
The U.S. deportation system in 2025 combines administrative detention, courtroom removal proceedings, and expedited administrative pathways, with Immigration and Customs Enforcement’s Enforcement and ...
Federal court rulings and federal policies between 2021 and 2025 have produced a layered, sometimes conflicting set of constraints and tools that are reshaping ICE detention and deportation practices:...
The available analyses present a split picture: the , while recent administrative and judicial developments have created concrete disparities in detention, bond eligibility, and practical access to he...
Green card holders have been detained by ICE after a range of alleged offenses including , according to multiple recent reports . The reporting shows ; instead ICE actions reflect a pattern where cert...
Expedited removal, created by IIRIRA in 1996, is a truncated deportation procedure that allows DHS officers to summarily order removal of certain noncitizens without a hearing before an immigration ju...
Green card holders facing removal have a narrow set of statutory defenses dominated in practice by cancellation of removal for lawful permanent residents and administrative pathways to preserve or reg...
Detained noncitizens in removal proceedings have constitutionally recognized due‑process protections but face a system with sharp procedural gaps: they generally have the right to a hearing before an ...
Immigration removal proceedings are governed by constitutional due process principles—most centrally the Fifth Amendment—which courts and agencies interpret to require notice, an opportunity to be hea...
Expedited removal is a streamlined statutory process that lets DHS officers summarily order certain arriving or recently arrived noncitizens removed without a full hearing before an immigration judge,...
A web of constitutional protections, statutory rules, and administrative review mechanisms is designed to prevent the deportation of U.S. citizens and to catch government errors before they result in ...
ICE Policy 16001.2 treats “probative evidence” as documents or indicia that, while not meeting a judicial or administrative burden of proof like preponderance, are sufficiently relevant and persuasive...
The Board of Immigration Appeals (BIA) has long treated fraud and willful misrepresentation as distinct inadmissibility grounds and refined when identity-related lies are “material,” issuing precedent...