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.  

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All Due Process and the Courts Content

July 18, 2016

Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas.  In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth...

July 11, 2016

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue...

July 6, 2016

Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who...

June 28, 2016

Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand...

June 23, 2016

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and...

June 13, 2016

The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure...

June 7, 2016

Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and...

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

September 28, 2018

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s...

September 26, 2018

In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to...

September 11, 2018

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed...

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

September 5, 2018

President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer...

September 4, 2018

This week will mark the one-year anniversary of President Trump’s announcement ending the Deferred Action for Childhood Arrivals (DACA) initiative. Yet, defenders and recipients of DACA are...

August 21, 2018

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread...

August 17, 2018

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a...

Publication Date: 
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
August 8, 2018

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently...

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