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

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

June 2, 2017

Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown...

  • Blog

Appeals Court Upholds Block on Trump’s Travel Ban

May 25, 2017

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts...

  • Blog

Government Regularly Denies Access to Counsel, Groups Seek New Rules

May 25, 2017

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time...

  • Blog

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

May 18, 2017

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to...

  • Blog

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

April 18, 2017

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American...

  • Blog

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

April 11, 2017

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand...

  • Blog

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

March 31, 2017

Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice,...

  • Blog

Travel Ban 2.0 Halted by Two District Judges

March 16, 2017

The Trump administration has failed in its attempt to rewrite the executive order banning individuals from targeted Muslim-majority nations in order to pass legal muster. On the eve of the new...

  • Blog

The Sad State of Atlanta’s Immigration Court

March 10, 2017

The Atlanta immigration court is known as one of the worst places to be in deportation proceedings. For years, the judges have been accused of abusive and unprofessional practices and the denial...

  • Blog

Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

February 22, 2017

Officers with U.S. Customs and Border Protection (CBP)—the federal agency which includes the Border Patrol—are rarely held accountable for their actions. Nowhere is this more apparent than in the...

  • Blog

Supreme Court Rules in Favor of Expansive Immigration Detention

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

  • Blog

Appeals Court Says Asylum Seekers May Now Challenge Their Deportation in Federal Court

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

  • Blog

The Government Is Hiding Information About How It Deports People – This Lawsuit Seeks to Expose That

February 28, 2019

The Trump administration’s aggressive enforcement tactics have made immigrants with final removal orders more vulnerable. That’s why it is more important than ever to have basic due process...

  • Litigation

Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy

We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
  • Practice Advisories

Notices to Appear

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
  • Blog

Congress Members and Others Argue Against Turning Back Asylum Seekers

February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

  • Blog

Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

February 25, 2019

In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is...

  • Blog

Blueprint for Overhauling Immigration Courts Released Through FOIA

February 21, 2019

A FOIA request has forced the Executive Office for Immigration Review (EOIR) to produce its comprehensive plan for reducing the immigration court backlog. Though partially redacted, the aim of the...

  • Blog

TPS Holders from Honduras and Nepal Sue the Trump Administration Over Terminations

February 14, 2019

With the fate of their Temporary Protected Status (TPS) in jeopardy, immigrants from Honduras and Nepal brought a class action lawsuit against the federal government this week to stop the Trump...

  • Blog

Setting the Record Straight: Asylum Seekers Show Up for Court

January 30, 2019

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention...

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