Immigrants' Rights
Garland v. Gonzalez
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Learn about Immigrants' Rights
Garland v. Gonzalez
Immigrants' Rights
Status: Ongoing
Whether the Immigration and Nationality Act requires a bond hearing for immigrants subject to prolonged detention while seeking protection in the U.S. from persecution or torture.
What's at stake
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Featured
U.S. Supreme Court
Aug 2021
Innovation Law Lab v. Wolf
The American Civil Liberties Union, Southern Poverty Law Center, and Center for Gender & Refugee Studies filed a federal lawsuit challenging the Trump administration’s new policy forcing asylum seekers to return to Mexico and remain there while their cases are considered.
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U.S. Supreme Court
Jul 2021
Sierra Club v. Trump — Challenge to Trump’s National Emergency Declaration to Construct a Border Wall
In February 2019, the ACLU filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. The lawsuit argues that the president is usurping Congress’s appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution. On January 20, 2021, President Biden halted further border wall construction. Litigation in this and subsequent related challenges has been paused or deadlines extended while the ACLU’s clients and the Biden administration determine next steps.
Status: Ongoing
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U.S. Supreme Court
Jun 2020
Department of Homeland Security v. Vijayakumar Thuraissigiam
Whether immigrants are entitled to seek judicial review of their “expedited removal” orders in federal court.
Status: Closed (Judgment)
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U.S. Supreme Court
Jan 2020
International Refugee Assistance Project v. Trump
The American Civil Liberties Union and other partner organizations filed a federal lawsuit challenging President Trump’s Muslim ban executive order, charging it violates the Constitution — including the First Amendment’s prohibition of government establishment of religion and the Fifth Amendment’s guarantees of equal treatment under the law — and federal laws.
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U.S. Supreme Court
Mar 2019
Nielsen v. Preap
Whether the government can require that certain people are detained for the duration of their deportation proceedings — without a hearing — because they have past criminal records.
Status: Closed (Dismissed)
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May 2018
Colotl v. Kelly
UPDATE 5/25/18: The Department of Homeland Security has agreed to renew Jessica Colotl’s Deferred Action for Childhood Arrivals (DACA) and work permit to resolve a lawsuit brought by the American Civil Liberties Union, the ACLU of Georgia, and Kuck Baxter Immigration in May 2017 against DHS for arbitrarily terminating Jessica’s DACA and rejecting her renewal application.
Status: Closed (Settled)
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Indiana
Oct 2016
Exodus Refugee Immigration, Inc. v. Mike Pence, et al
The American Civil Liberties Union and the ACLU of Indiana, on behalf of Exodus Refugee Immigration, filed suit against Governor Mike Pence and the secretary of the Indiana Family and Social Services Administration to stop attempts to suspend resettlement of Syrian refugees, claiming the governor’s actions violate the United States Constitution and federal law.
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All Cases
142 Immigrants' Rights Cases
U.S. Supreme Court
Feb 2023
United States v. Texas
Texas and other states are challenging ICE’s enforcement priorities, which direct agents to focus their arrests and deportations on immigrants with particular immigration law violations, such as those with criminal convictions. The Court will decide whether the states can bring these types of challenges, and if so, whether ICE’s priorities are legal.
Status: Closed (Judgment)
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U.S. Supreme Court
Immigrants' Rights
United States v. Texas
Texas and other states are challenging ICE’s enforcement priorities, which direct agents to focus their arrests and deportations on immigrants with particular immigration law violations, such as those with criminal convictions. The Court will decide whether the states can bring these types of challenges, and if so, whether ICE’s priorities are legal.
Feb 2023
Status: Closed (Judgment)
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Nov 2022
Lawsuit Against ICE for Denying Access to Counsel
Each day, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) lock up thousands of immigrants across the United States in detention centers as they await adjudication of their civil immigration proceedings. The outcome of those proceedings is often life and death. Yet ICE has implemented policies that make it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
Status: Ongoing
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Immigrants' Rights
Lawsuit Against ICE for Denying Access to Counsel
Each day, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) lock up thousands of immigrants across the United States in detention centers as they await adjudication of their civil immigration proceedings. The outcome of those proceedings is often life and death. Yet ICE has implemented policies that make it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
Nov 2022
Status: Ongoing
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Jan 2022
Brooks v. Woods
The American Civil Liberties Union, along with the ACLU of Florida, Southern Poverty Law Center, and Zuckerman Spaeder LLP, filed a federal lawsuit on Jan. 20, 2022, on behalf of Neville Brooks, a legal permanent resident from Jamaica who was detained by the Marion County Sheriff’s Office (MCSO) on false suspicion of being in the U.S. unlawfully.
Status: Ongoing
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Immigrants' Rights
Brooks v. Woods
The American Civil Liberties Union, along with the ACLU of Florida, Southern Poverty Law Center, and Zuckerman Spaeder LLP, filed a federal lawsuit on Jan. 20, 2022, on behalf of Neville Brooks, a legal permanent resident from Jamaica who was detained by the Marion County Sheriff’s Office (MCSO) on false suspicion of being in the U.S. unlawfully.
Jan 2022
Status: Ongoing
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U.S. Supreme Court
Dec 2021
Pham v. Guzman Chavez
Whether the Immigration and Nationality Act (“INA”) requires a bond hearing for noncitizens who are detained by U.S. Immigration and Customs Enforcement (“ICE”) while they seek protection from persecution or torture.
Status: Closed (Judgment)
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U.S. Supreme Court
Immigrants' Rights
Pham v. Guzman Chavez
Whether the Immigration and Nationality Act (“INA”) requires a bond hearing for noncitizens who are detained by U.S. Immigration and Customs Enforcement (“ICE”) while they seek protection from persecution or torture.
Dec 2021
Status: Closed (Judgment)
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U.S. Supreme Court
Dec 2021
Sanchez v. Mayorkas
Whether the Immigration and Nationality Act authorizes all noncitizens who are granted Temporary Protected Status (“TPS”) to obtain a green card.
Status: Closed (Judgment)
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U.S. Supreme Court
Immigrants' Rights
Sanchez v. Mayorkas
Whether the Immigration and Nationality Act authorizes all noncitizens who are granted Temporary Protected Status (“TPS”) to obtain a green card.
Dec 2021
Status: Closed (Judgment)
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