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

Report Highlights Need for Appointed Counsel for Detainees Facing Removal

November 5, 2009

A report issued this week by the City Bar Justice Center highlights one of the most serious flaws of the removal process: noncitizens are not appointed a lawyer to represent them. The report...

  • Practice Advisories

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

Publication Date: 
August 1, 2009
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.
  • Practice Advisories

Electronic Filing and Access to Electronic Federal Court Documents

Publication Date: 
April 13, 2009
This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The Advisory discusses restrictions on electronic access to court documents in immigration cases.
  • Practice Advisories

Finality of Removal Orders for Judicial Review Purposes

Publication Date: 
August 5, 2008
The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.
  • Practice Advisories

Introduction to Habeas Corpus

Publication Date: 
June 1, 2008

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

  • Amicus Briefs

Ngassem v. Chertoff - Second Circuit

Publication Date: 
April 16, 2008
The Council filed an amicus brief arguing that the district court had jurisdiction over the denial of an asylee relative petition in a case brought under the Administrative Procedure Act. Case settled without a decision from the court.
  • Special Report

The Rush to Limit Judicial Review

Publication Date: 
September 1, 2006
Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system...
  • Practice Advisories

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

Publication Date: 
April 20, 2005
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.
  • Fact Sheet

Crossing Borders Alone: The Treatment of Unaccompanied Children in the United States

Publication Date: 
December 1, 2003
Children who travel unaccompanied to the United States experience not only the trauma of family separation and the frequently predatory behavior of the traffickers who bring them, but also harsh...
  • FOIA

Access to Counsel Before USCIS FOIA

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before United States Citizenship and...

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