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

  • Fact Sheet

Prosecutorial Discretion: A Statistical Analysis

Publication Date: 
June 11, 2012
In August 2011, the Department of Homeland Security (DHS) announced that it would review more than 300,000 pending removal proceedings to identify low-priority cases meriting favorable exercises of...
  • Press Release

Legal Action Center Files Suit Against DHS for Failure to Disclose Records on "Voluntary" Returns

June 8, 2012

Washington D.C.

  • Press Release

Council Reveals Government’s Interference with Noncitizens’ Access to Legal Counsel

May 31, 2012

Washington D.C. - Today, the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of non

  • Special Report

Falling through the Cracks

Publication Date: 
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
  • Special Report

Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel

Publication Date: 
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
  • Press Release

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

  • Special Report

Proportionality in Immigration Law: Does the Punishment Fit the Crime in Immigration Court?

Publication Date: 
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
  • Press Release

The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision

March 29, 2012

Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v.

  • Advocacy

Comments to the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.”

February 14, 2012
The Council and AILA submitted comments on the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.” The comments recommended, among other things, that USCIS take additional steps to clarify the role of attorneys and the treatment of attorneys’ written submissions; to address continued limitations on attorney seating; to expand the requirements related to waivers of representation; and to improve the complaint process.
  • Press Release

En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.

January 30, 2012

Washington, D.C.- Today, an en banc panel of the U.S.

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