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

December 3, 2015

Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration...

December 1, 2015

Today, a coalition of 224 immigration, civil rights, labor, and social service groups filed an amicus (“friend of the court”) brief, urging the Supreme Court to review the Fifth Circuit’s decision...

November 6, 2015

Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in...

October 20, 2015

In May, a group of undocumented parents, represented by South Texas Civil Rights Project and Texas Rio Grande Legal Aid, filed a lawsuit against the State of Texas for denying their children, born...

September 24, 2015

Last week, the Executive Office for Immigration Review (EOIR) announced changes to the regulations governing legal representation in immigration court and at the Board of Immigration Appeals (BIA...

September 2, 2015

Save Jobs USA—an organization comprised of IT workers who claim they lost their jobs to H-1B workers—still wants to overturn the Department of Homeland Security (DHS) rule that allows certain H-4...

August 27, 2015

Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship....

August 24, 2015

In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration...

August 14, 2015

This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to...

August 13, 2015

It would seem to be a simple matter of conscience that no child should ever stand before a judge without having an attorney as an advocate. Younger children in particular may not even understand...

June 8, 2017

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court...

June 7, 2017

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration...

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

June 2, 2017

Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown...

May 25, 2017

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts...

May 25, 2017

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time...

May 18, 2017

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to...

April 18, 2017

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American...

April 11, 2017

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand...

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