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Due Process

All articles tagged with #due process

Fifth Circuit curbs 90-day migrant detention without bond review
politics8 days ago

Fifth Circuit curbs 90-day migrant detention without bond review

The Fifth U.S. Circuit Court of Appeals ruled 2-1 that ICE cannot detain migrants for more than 90 days without a bond hearing, potentially affecting thousands detained in Texas, Louisiana and other states within the court’s reach. The majority tied the policy to due process protections, while a dissent criticized excessive executive authority on immigration matters. The Department of Homeland Security said it disagrees with the ruling, and the case follows ongoing disputes over mandatory detention.

via Fox News|
#bond-hearing#detention#due-process
5th Circuit orders bond hearings after 90 days of migrant detention
politics8 days ago

5th Circuit orders bond hearings after 90 days of migrant detention

A divided 5th U.S. Circuit Court of Appeals ruled that ICE cannot detain migrants for more than 90 days without offering a bond hearing, reinforcing due‑process protections. The decision could affect thousands detained under a Trump-era policy and comes as the administration faces ongoing legal questions over its interpretation of who qualifies for mandatory detention. The ruling also highlights the broader debate across courts about the scope of the government’s immigration authority and may prompt Supreme Court review.

via CNBC|
#bond-hearing#detention#due-process
immigration8 days ago

5th Circuit curbs ICE detention expansion, orders 90-day bond hearings

A 5th Circuit Court of Appeals panel limited the Trump-era expansion of mandatory detention by ruling that detainees awaiting deportation must have a bond hearing within 90 days to protect due process, a decision that affects thousands held in the interior and could accelerate postures in other circuits as lawsuits continue, with potential Supreme Court review on the detention policy.

via Politico|
#detention#due-process#fifth-circuit
Appeals Court Expands Fast-Track Deportations Across the U.S.
us-immigration17 days ago

Appeals Court Expands Fast-Track Deportations Across the U.S.

A 2-1 ruling by a D.C. Circuit panel allows the Trump administration to resume and expand expedited removal nationwide, extending the border-focused fast-track deportation process deeper into the interior as long as migrants are given a brief opportunity to provide documentation—reviving a key pillar of the administration’s immigration agenda despite ongoing concerns about due process and past lower-court blocks.

via The New York Times|
#dc-circuit-court-of-appeals#donald-trump#due-process
Barney Frank’s 1989 Near-Ouster Reminds Congress: Pause, Investigate, Let Voters Decide
politics1 month ago

Barney Frank’s 1989 Near-Ouster Reminds Congress: Pause, Investigate, Let Voters Decide

An op-ed argues that Barney Frank’s near-ouster in 1989 over his involvement with a male sex worker shows why Congress should pause, adjudicate, and let voters decide rather than rush to force resignations; it contrasts Frank with later cases like Franken, Hill, Studds, Crane, and the Swalwell situation to argue that due process and voter accountability, though imperfect, are a healthier guardrail for ethics in Congress.

via Washington Monthly|
#barney-frank#congress#due-process
Judge Rules Congolese Teen Was Unlawfully Detained, Orders Release and Reunion
immigration2 months ago

Judge Rules Congolese Teen Was Unlawfully Detained, Orders Release and Reunion

A federal district court in San Antonio ordered 19-year-old Olivia Mabiala Andre, a Congolese asylum seeker detained in Texas, released by Friday after finding her due-process rights were violated; she will reunite with her mother and siblings in Maine, while a federal appeals court temporarily blocks deportation as her asylum case is reviewed.

via NBC News|
#asylum#detention#due-process
Supreme Court leaves Florida gender-identity policy dispute unresolved
politics2 months ago

Supreme Court leaves Florida gender-identity policy dispute unresolved

The U.S. Supreme Court declined to hear a Florida parents’ lawsuit alleging that a Tallahassee middle school and district officials concealed their child’s gender identity from them, arguing this violated their 14th Amendment parental rights and due process. The case was dismissed by lower courts, and the Court has previously rejected similar challenges in Wisconsin and Maryland; the decision fits into a broader national debate over transgender rights and how schools disclose gender-related information to families.

via Yahoo|
#due-process#gender-identity#parental-rights
Denaturalization Drive Prompts Likely Judicial Pushback, Experts Warn
politics2 months ago

Denaturalization Drive Prompts Likely Judicial Pushback, Experts Warn

The Justice Department plans to revoke citizenship from hundreds of naturalized Americans—starting with 384 individuals and averaging 200+ denaturalization referrals per month—raising concerns that civil denaturalization, which lacks right-to-counsel and jury trials, uses a lower burden of proof, and has no time limits, could put around 20 million naturalized citizens at lifelong risk and invite broad judicial pushback; critics argue the policy undermines fundamental rights and democracy, a point echoed by Afroyim v. Rusk’s protections of citizenship as a fundamental right.

via The Conversation|
#afroyim-v-rusk#citizenship#denaturalization
politics2 months ago

Colorado Molotov attack case prompts judge to release suspect’s family from ICE custody

A federal judge ordered ICE to release the wife and five children of Mohammad Soliman, the Egyptian national accused of hurling Molotov cocktails at a Colorado march, after finding that their 10 months in detention violated due process and noting White House deportation threats violated federal law. The family had not been linked to the attack, and their release comes as Soliman’s hate-crime trial is slated for November. Immigration proceedings for the family had previously faced procedural hurdles and appeals, with judges considering their flight risk before the release order was approved.

via Politico|
#colorado#deportation#due-process
Democrats Question Expulsion Precedent After Cherfilus-McCormick Exit and Santos Fallout
politics2 months ago

Democrats Question Expulsion Precedent After Cherfilus-McCormick Exit and Santos Fallout

Democrats who backed expelling George Santos regret the move after Cherfilus-McCormick’s resignation amid ethics findings, arguing the process lacked due process and could influence future cases—such as calls to expel Cory Mills while under Ethics Committee review—raising broader concerns about accountability standards in Congress.

via Axios|
#cherfilus-mccormick#democrats#due-process
Army Sergeant’s Wife Detained by ICE Spurs Debate on Immigration Enforcement and Military Families
politics2 months ago

Army Sergeant’s Wife Detained by ICE Spurs Debate on Immigration Enforcement and Military Families

A Salvadoran wife of a U.S. Army sergeant says ICE detained her at an El Paso immigration office despite protections she had to avoid deportation; the case highlights tensions between immigration enforcement and military families, with DHS saying she entered illegally and had a prior deportation order, while supporters argue due process was ignored and note similar detentions affecting service members’ spouses.

via The Guardian|
#deportation#due-process#ice
immigration2 months ago

Courts Release Deportable Immigrants Detained by ICE, Sparking Controversy

Federal judges, including Trump appointees, have ordered bond hearings and often release hundreds of immigrants who already have final deportation orders and were held by ICE, ruling their detention violates due process. The rulings challenge the Trump administration’s mass-detention policy and revolve around a contested six‑month detention limit and the practical hurdles of arranging deportations, with some detainees freed after years in custody.

via Politico|
#deportation#detention#due-process
Mass. judge rules fast third-country deportations without due process illegal
us-news-immigration4 months ago

Mass. judge rules fast third-country deportations without due process illegal

A Massachusetts federal judge ruled that the Trump administration’s policy of swiftly deporting migrants to third countries with no connection and no meaningful notice violates due process; removals must go to the countries listed on each person’s final removal order, with a meaningful opportunity to challenge, and the ruling paused for 15 days to allow an appeal. The decision followed a case in which eight migrants were diverted to Djibouti instead of South Sudan.

via NBC News|
#deportation#due-process#immigration