Due Process and the Courts

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Due Process and the Courts Content

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...

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...

November 29, 2016

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge...

November 18, 2016
Senator Sessions has led the fight against immigration reform at every turn during his 20 years in the Senate.
November 17, 2016

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of...

November 16, 2016

For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from  (TRAC) record the backlog at an all-time high of 521,676 as of the end of...

October 27, 2016

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration...

October 6, 2016

In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement...

October 4, 2016

This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action...

September 29, 2016

In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch...

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

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...

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...

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...

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...

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...

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...

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...

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...

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