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

Five Important Points Made by the Court That Rejected the Muslim Ban

February 10, 2017

The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are...

  • Blog

Federal Appeals Court Says Muslim Ban Stays on Hold

February 9, 2017

The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban.  The Court...

  • Blog

Attorney General Sessions’ First Orders of Business on Immigration

February 9, 2017

Jeff Sessions was confirmed as Attorney General this week by a vote of 52-47, following a very contentious confirmation process. As Attorney General and head of the Department of Justice (DOJ),...

  • Blog

New Immigration Court Directive Could Weaken Due Process

February 3, 2017

The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts...

  • Blog

Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

January 31, 2017

The fallout continues from last week’s immigration executive order, which has been coined the “Muslim Ban.” Several lawsuits have been filed to challenge the executive order, including Ali v....

  • Blog

Supreme Court Weighs Challenge to Vague Grounds of Deportation

January 19, 2017

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no...

  • Blog

Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

January 12, 2017

Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a...

  • Blog

Asylum Free Zones in the U.S. Examined by Inter-American Commission

December 20, 2016

Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on...

  • Blog

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

December 7, 2016

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and...

  • Blog

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

December 1, 2016

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in...

  • 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...

  • Blog

US Government to Force Migrants to Remain in Mexico and Await Their Immigration Court Hearings

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

  • Blog

Trump Administration’s Immigration Proposal Is Dead on Arrival

January 22, 2019

President Trump went in front of the public on Saturday and claimed he was going to propose a “compromise” to end the ongoing government shutdown. Instead of offering a bipartisan bill that would...

  • Blog

The Trump Administration Loses Fight to Add Citizenship Question to the 2020 Census

January 16, 2019

A federal judge blocked the Trump administration’s plan to add a question on U.S. citizenship to the 2020 Census on Tuesday, ruling that the controversial move “violated the public trust” and...

  • Blog

As Shutdown Moves Into Fourth Week, Most Immigration Courts Remain Shuttered

January 14, 2019

With the government shutdown dragging into its fourth week—marking the longest shutdown in U.S. history—most of the nation’s immigration courts remain closed. The Trump administration decries...

  • Blog

The Judicial Black Sites the Government Created to Speed Up Deportations

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

  • Blog

As 2018 Draws to a Close, Immigration Court Backlogs Reach Record Levels

December 19, 2018

  In the first two years of the Trump administration, immigration hardliners made repeated attempts to reduce immigration court backlogs, from hiring nearly100 new immigration judges to limiting...

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