Habeas corpus, the “Great Writ,” allows those in government custody to challenge the legality of their confinement. Individuals may petition federal courts for writs of habeas corpus to review such diverse forms of custody as state court criminal sentences, military draft orders, and orders of deportation. For those in the custody of the Immigration & Naturalization Service (INS), the writ holds particular significance. Congress has severely curtailed judicial review of most immigration matters, leaving habeas corpus as the only way for many INS detainees to be heard by a federal court. The Supreme Court has recently reaffirmed the central importance of habeas corpus as a means of challenging deportation orders.
Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020.
Migrant children fleeing violence in their native countries have experienced severe psychological trauma before and after entering the country when we separated them from their families and placed them in detention facilities, and some families remain separated.
Ever since Boumediene was decided federal judges have not applied the full force of all six of Boumediene’s holdings to immigrant habeas cases, and as a direct result immigration advocates lost their most important cases to date.
Experts discuss legal developments and related ramifications one year after President Trump declared a national emergency at the U.S. Southern Border with Mexico in order to build a wall.