Unity Blueprint Due Process Initiative
Contact: Peter Schey pschey@centerforhumanrights.org

Achieving maximum compliance with and faithful enforcement of immigration laws by reinstating the jurisdiction of the federal courts to review agency decisions involving immigrants

Legislation over the past ten years has severely limited judicial review of immigration cases. The judicial system must be available to provide an effective and meaningful check on the actions of federal agencies implementing the nation’s immigration laws. Without the opportunity for judicial review of decisions in individual case and policies and procedures, federal agencies implementing the INA may deport immigrants and deny visas in violation of the laws enacted by Congress, and without accountability implement broad policies that are inconsistent with laws enacted by Congress.

A. Repeal jurisdiction-stripping provisions enacted in the Anti-Terrorism and Effective Death Penalty Act of 1996

Provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) in which Congress stripped judicial review from non-citizens with final orders of removal by reasons of having committed certain criminal offenses should be repealed so that the federal courts may address the correctness of agency decisions in such cases.

B. Repeal jurisdiction-stripping provisions enacted in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) and subsequent laws which stripped the federal courts of jurisdiction to review discretionary decisions in cases involving cancellation of removal, certain waivers of inadmissibility, voluntary departure, or adjustment of status as well as removal orders based on certain criminal offenses, and restricted the federal court’s ability to hear class action challenges brought on behalf of groups of similarly situated immigrants injured by the same policy or practice, should be repealed so that federal courts may quickly and efficiently remedy abuses of discretion and erroneous interpretations of federal laws.

C. Repeal jurisdiction-stripping provisions enacted in the 2005 Real ID Act

Provisions of the 2005 Real ID Act that seek to eliminate habeas corpus review over orders of removal must be repealed so that federal courts have the opportunity to block unlawful deportations.