Due Process and the Courts

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Due Process and the Courts Content

Publication Date: 
January 4, 2013
The American Immigration Council, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.
Publication Date: 
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
November 29, 2012

This week, a federal district court issued an opinion highly critical

November 28, 2012

The American Immigration Council’s Legal Action Center argued that local police violated the Fourth Amendment by unnecessarily prolonging an individual’s detention based solely on the suspicion tha

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 13, 2012

Washington, D.C.—Last Friday, the U.S.

November 2, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

September 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they t

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