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

States and NGOs Sue Trump Administration Over DACA Termination

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

  • Blog

Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

August 21, 2017

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times...

  • Blog

The Fight for Appointed Counsel for Immigrant Children Continues

August 10, 2017

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an...

  • Blog

Three-Year-Old Immigrant Child Released After Two Years of Detention

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

  • Blog

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

August 8, 2017

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should...

  • Blog

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

July 28, 2017

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although...

  • Blog

Trump Administration Targeting Immigrant Children Is a New Low

July 27, 2017

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S...

  • Blog

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

July 24, 2017

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown....

  • Blog

Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

July 17, 2017

This story was updated on July 19, 2017. U.S. District Judge Derrick Watson ruled last week that “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and...

  • Blog

Supreme Court Limits Power to Revoke Naturalized Person’s Citizenship

July 13, 2017

The Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam—even a misstatement that had no impact on the naturalization...

  • Blog

Census Bureau Asked 250,000 Households About Their Citizenship Status, Despite Court Ruling

July 17, 2019

Despite losing at the Supreme Court, the Trump administration still managed to ask nearly a quarter of a million U.S. households about the citizenship status of their household members. That’s...

  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Blog

Cutting Interpreters From Immigration Court Risks Due Process

July 12, 2019

Every day, hundreds of non-English speaking immigrants show up to court for initial hearings where they will see an immigration judge for the first time. But due to a new policy, many immigrants...

  • Blog

A New EOIR Rule Expands Powers of the Board of Immigration Appeals and Attorney General

July 9, 2019

The Executive Office for Immigration Review (EOIR) issued a final rule last week that expands the authority of the Board of Immigration Appeals (BIA) and Attorney General William Barr when...

  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Despite Trump Administration’s Efforts

July 3, 2019

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have...

  • Blog

What Happens to Dreamers Now That the Supreme Court Is Hearing the DACA Case?

July 2, 2019

After months of speculation, last week the Supreme Court agreed to review three cases challenging the Trump administration’s decision to end Deferred Action for Childhood Arrivals (DACA). The...

  • Blog

Supreme Court Rules Against Citizenship Question on 2020 Census

June 28, 2019

In a rebuke to the Trump administration, the Supreme Court ruled against adding a question on citizenship to the 2020 U.S. Census form—for now. Critics feared the question may discourage immigrant...

  • Blog

Federal Court Tells ICE to Stop Arrests in Massachusetts Courthouses

June 27, 2019

In Massachusetts, U.S. Immigration and Customs Enforcement (ICE) officials are barred from making civil arrests in courthouses. Such arrests have a chilling effect on the administration of justice...

  • Blog

Immigration Judges and Advocates Criticize Immigration Court System for ‘Propaganda’

May 16, 2019
  • Blog

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

May 15, 2019

The Department of Homeland Security (DHS) is resuming its controversial “Remain in Mexico” policy. This policy requires asylum-seeking Central American migrants who arrive at our Southern border...

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