Due Process and the Courts

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

Recent Features

  • FOIA

Investigating the Immigration Court System

We're demanding information to uncover the hiring process for Assistant Chief Immigration Judge and their influence over the immigration courts.

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

This special report lays out the the incongruency between America's criminal justice system and its immigration justice system, and provides recommendations for how these problems could be fixed.

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All Due Process and the Courts Content

  • Blog

New Lawsuit Challenges Preliminary Injunction in United States v. Texas

August 29, 2016

In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative...

  • Blog

Government Sued For Withholding Records on Immigration Raids

August 11, 2016

The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes...

  • Blog

Court Rejects Government Attempt to Redact Names of Immigration Judges

August 9, 2016

This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of...

  • Blog

Court Rules that Individuals Seeking Protection Must Have Bond Hearing

August 8, 2016

The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only...

  • Blog

FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children

August 3, 2016

The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and...

  • Press Release

Court of Appeals Strengthens Government Transparency

August 1, 2016
An appellate court has ruled for an immigration group in a lawsuit against the Executive Office for Immigration Review (EOIR) challenging its response to a request for information regarding alleged misconduct by immigration judges and records that would reveal whether the agency adequately investigates and resolves complaints against immigration judges.
  • Blog

Despite Immigration Judge Hiring, Court Backlogs Continue to Grow

July 27, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the...

  • Blog

New Book Documents 10 Years of Operation Streamline

July 20, 2016

For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program,...

  • Press Release

Council Urges Prompt Appeal to the Supreme Court of Flawed Fifth Circuit Decision

July 20, 2016
In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s latest deferred action initiatives from being implemented.
  • Press Release

Immigration, Civil Rights and Labor Groups Join Legal Effort to Defend Immigration Action

July 19, 2016
Immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an amicus “friend of the court” brief in the case, State of Texas vs. United States.

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