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

  • 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.

READ MORE

All Due Process and the Courts Content

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

What Does Justice Scalia’s Death Mean for United States v. Texas, the DAPA/DACA Case?

February 19, 2016

Earlier this week, Supreme Court Justice Antonin Scalia passed away at the age of 79. The unexpected death of the then longest serving member on the Court means there is a vacancy on the nine-...

  • Blog

What’s Next in the Supreme Court Case on Expanded DACA and DAPA?

January 20, 2016

This week, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President’s deferred action initiatives announced in...

  • Blog

Supreme Court Will Review DACA/DAPA Case

January 19, 2016

Today, the Supreme Court decided to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives—DAPA and expanded DACA...

  • Blog

Court Says Class Action Challenging Abusive Conditions in Hieleras Can Move Forward

January 13, 2016

A federal court in Tucson, Arizona held that U.S. Customs and Border Protection (CBP) must answer allegations of horrific conditions experienced by...

  • Blog

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

  • Blog

Operation Streamline: Ten Years of Criminalizing Immigrants

December 15, 2015

For the last 10 years, in federal courts across the Southwest border, the federal government has systematically prosecuted unlawful border crossers in group hearings with little-to-no due process...

  • Blog

Giving the Immigration Facts a Fighting Chance

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

  • Blog

Diverse Coalitions Urge Supreme Court to Hear Case on Executive Action

December 11, 2015

Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals...

  • Blog

Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings

January 18, 2018

In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before...

  • Litigation

Challenging Immigration Judges' Refusal to Conduct Bond Hearings

This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
  • Blog

Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts

January 16, 2018

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board...

  • Blog

3 Things You Need to Know About DACA Developments This Week

January 10, 2018

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately...

  • Blog

Court Rules Detained Iraqis Are Entitled to Bond Hearings

January 5, 2018

In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending....

  • Blog

Travel Ban 3.0 Developments: What You Should Know

December 8, 2017

The Supreme Court—with a 7-2 vote on Monday—gave the green light to the Trump administration’s third travel ban, allowing it to fully go into effect. In two brief orders, the Supreme Court...

  • Blog

Judge Grants Temporary Reprieve From Deportation to Indonesians Fearing Religious Persecution

November 29, 2017

After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal...

  • Blog

Court Requires Defense Department to Remove Hurdles to Citizenship for Army Reserve Soldiers

October 31, 2017

In a sweeping decision, a federal judge ruled the U.S. Department of Defense (DOD) could not continue to prevent approximately 2,000 noncitizen Army Reserve soldiers from applying for citizenship...

  • Blog

Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds

October 20, 2017

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the...

  • Blog

President Trump’s Travel Ban Blocked by Courts yet Again

October 18, 2017

Only hours before President Trump’s third travel ban was set to go into effect Tuesday night, it was halted by the same federal court in Hawaii that stopped the second version of the travel ban in...

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending