Due Process and the Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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

Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

April 23, 2018

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that...

  • Blog

The Supreme Court Strikes Down Vague Deportation Law

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

  • Blog

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

  • Blog

Immigration Judge Quotas Could Result in Assembly Line Justice

April 4, 2018

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to...

  • Blog

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

  • Blog

Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

February 27, 2018

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for...

  • Blog

Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement

February 13, 2018

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2019, which doubles down on his aggressive immigration enforcement agenda. The proposed budget seeks to fund the...

  • Blog

In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir

January 30, 2018

  Following the contentious arrest of immigrant activist Ravi Ragbir, a federal district court ordered his immediate release from Immigration and Customs Enforcement detention on Monday. The...

  • Blog

Government Shuts Down While Negotiations Continue on Dream Act, but Most Immigration Functions Continue

January 20, 2018

With the national conversation focused squarely on Dreamers, Congress was unable to find common ground on a budget deal and has shut down the U.S. Government. Congressional leadership decided not...

  • Blog

Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings

January 18, 2018

In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before...

  • Blog

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

November 15, 2019

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones,...

  • Blog

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

November 6, 2019

It’s been nearly a year since the Trump administration announced the Migrant Protection Protocols (MPP), or the “Remain in Mexico” program. This program forces vulnerable asylum seekers to return...

  • Blog

A Federal Agency Is Deleting Court Records That Implicate Trump’s Immigration Policies  

November 5, 2019

Understanding how the immigration agencies operate has never been more important. Equally important is being able to rely on the information that those agencies release to the public. For this...

  • Blog

The Perils of the Migrant Protection Protocols

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

  • Blog

In Historic Ruling, Thousands of Immigrants Waiting for Their Immigration Records Can Now Challenge Agency Delay

October 17, 2019

A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S....

  • Blog

Which Immigration Cases Will the Supreme Court Rule on This Session?

October 15, 2019

The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the...

  • Press Release

Judge Grants Class-Action Status to Thousands of Immigrants Waiting for Access to Their Immigration Records

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
  • Blog

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

  • Blog

Federal Judge Says DHS Must Keep Its Promise to Protect Children in Immigration Detention

October 2, 2019

A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration...

  • Blog

Federal Judge Blocks the Expansion of Fast-Track Deportation Program, Expedited Removal

September 30, 2019

A federal judge blocked the expansion of a fast-track deportation program, known as “expedited removal,” minutes before the government said it would begin implementing its expansion on September...

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