Due Process and the Courts

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

What Are the Next Steps at the Supreme Court in U.S. v. Texas?

April 21, 2016

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final...

  • Blog

Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

April 20, 2016

By Shoba Sivaprasad Wadhia, faculty scholar and law professor at Penn State Law-University Park. On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case...

  • Blog

Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?

April 19, 2016

The oral argument in United States v. Texas shined a light on the confusion between the term “lawful presence” and what it means to have a legal immigration status in the United States. Early in...

  • Blog

Supreme Court Considers President’s Executive Actions on Immigration While Thousands Rally Outside

April 18, 2016

The Supreme Court heard oral arguments in United States v. Texas. While lawyers presented their arguments before the eight Justices inside, on the outside families, advocates, immigrants, faith...

  • Blog

What You Need to Know About the DAPA and Expanded DACA Case Before the Supreme Court

April 11, 2016

In the spring of 2016, the U.S. Supreme Court will consider United States v. Texas, a politically charged lawsuit about the legality of some of President Obama’s executive actions on immigration....

  • Blog

Texas and Other 25 States File Misleading Brief at Supreme Court

March 30, 2016

This week, Texas and the 25 other states challenging the President’s executive actions on immigration filed their brief with the Supreme Court in United States v. Texas. The brief attempts to...

  • Blog

District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court

March 25, 2016

A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of...

  • Blog

Judge Who Believes Toddlers Can Represent Themselves, Only Part of the Problem in the Battle over Representation for Kids

March 9, 2016

Over the past week, several media outlets reported that Assistant Chief Immigration Judge (ACIJ) Jack Weil claimed that he could teach immigration law to three- and four-year-old children such...

  • Blog

Hundreds of Groups Weigh in on Immigration Case Headed to Supreme Court

March 8, 2016

A diverse coalition of 326 immigration, civil rights, labor, and social service groups filed an amicus (friend-of-the-court) brief with the U.S. Supreme Court today in United States v. Texas,...

  • Blog

Obama Administration Files Brief in Immigration Case at Supreme Court

March 3, 2016

This week, the Obama Administration filed its brief with the Supreme Court in United States v. Texas, the case where Texas and 25 other states are challenging the President’s executive action on...

  • Blog

The Supreme Court Strikes Down Vague Deportation Law

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

  • Blog

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

  • Press Release

DOJ Cuts Immigrants’ Access to Counsel in Latest Attack on Due Process

April 11, 2018
The Executive Office for Immigration Review (EOIR), part of the Department of Justice (DOJ), announced its intention to cancel the Legal Orientation Program (LOP) despite its immensely positive impact on judicial efficiency and fundamental fairness, and Congress’ express instruction to continue such programming, along with the provision of funding in the fiscal year 2018 appropriations bill, recently signed by the president.
  • Blog

Immigration Judge Quotas Could Result in Assembly Line Justice

April 4, 2018

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to...

  • Blog

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

  • Blog

Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

February 27, 2018

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for...

  • Amicus Briefs

Matter of Castro-Tum

Publication Date: 
February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
  • Blog

Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement

February 13, 2018

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2019, which doubles down on his aggressive immigration enforcement agenda. The proposed budget seeks to fund the...

  • Blog

In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir

January 30, 2018

  Following the contentious arrest of immigrant activist Ravi Ragbir, a federal district court ordered his immediate release from Immigration and Customs Enforcement detention on Monday. The...

  • Blog

Government Shuts Down While Negotiations Continue on Dream Act, but Most Immigration Functions Continue

January 20, 2018

With the national conversation focused squarely on Dreamers, Congress was unable to find common ground on a budget deal and has shut down the U.S. Government. Congressional leadership decided not...

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