Due Process and the Courts

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

Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

May 21, 2015

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The...

  • Blog

Immigration Appeals Court Reverses Position on Deportation Waivers

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

  • Blog

Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

  • Blog

Why More Immigration Judges Are Needed

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

  • Blog

Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

  • Blog

Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court

April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

  • Blog

No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

  • Blog

The Court Decision on Deferred Action Everyone Should Be Talking About

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

  • Blog

Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

  • Blog

Immigration Courts Are Ordering Unrepresented Children Deported

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

  • Blog

President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

June 7, 2017

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration...

  • Blog

The Dire State of Immigration Detention in Georgia

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

  • Blog

Circuit Judge Says “Even the Good Hombres Are Not Safe”

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

  • 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,...

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