HIAS Statement on Amicus Brief Seeking Due Process for Immigrants in Removal Proceedings

HIAS has been joined by 11 other immigration legal services organizations around the country in submitting an amicus brief to the Board of Immigration Appeals (BIA), advocating for due process protections on behalf of noncitizens facing deportation.

United States law protects individuals’ right to be given notice when they are scheduled for hearings in immigration court. Such notice is critical in these cases, as judges can order deportation for those who miss their immigration court hearings, even inadvertently. That can lead to immediate removal from the country even if the individual attempts to correct the error later.

“All noncitizens deserve due process protections,” said Smita Dazzo, HIAS’ Vice President of Legal and Asylum. “Unfortunately, too often DHS serves noncitizens with documents that don’t meet the basic requirements to provide people proper notice of their court hearings. That can lead to people being wrongfully ordered deported without having their day in court.”

HIAS and our partner organizations urge the BIA to bring order and certainty to this chaotic process by requiring DHS to provide proper notice about court hearings to all those being placed in removal proceedings — including basic information about the time, date, and location of the hearing. “Immigration judges should not allow cases to proceed against noncitizens if those cases have been filed with improper documents,” Dazzo said. “Our amicus brief provides a critical voice to ensure that noncitizens are getting the protection they need in the judicial system, by ensuring that the process is fair.”

HIAS is joined in this amicus brief by Immigration Equality, Catholic Legal Immigration Network (CLINIC), HIAS Pennsylvania, Florence Immigrant and Refugee Rights Project (FIRRP), the Capital Area Immigrants Rights Coalition (CAIR Coalition), The DC Volunteer Lawyers’ Project (DCVLP), RAICES, Tahirih Justice Center, Rocky Mountain Immigrant Advocacy Center, Legal Services NYC, and Advocates for Human Rights.

Read the full amicus brief here

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