Due Process and the Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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

Texas Sues Federal Government Again, This Time Over Refugees

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

  • Blog

Will the Immigration Court Backlog Finally Go Down?

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...

  • Blog

Groups Urge Supreme Court to Hear Executive Action Case This Term

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...

  • Blog

Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation

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...

  • Blog

The Battle Over Birth Certificates in Texas

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...

  • Blog

Immigration Courts Have New Rules Governing Legal Representation Processes

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...

  • Blog

Restrictionists Continue to Attack H-4 Work Authorization

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...

  • Blog

Immigration Courts Desperately Need More Judges

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....

  • Blog

Government Ordered to Promptly Release Children From Family Detention

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...

  • Blog

Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens

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...

  • Blog

DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’

October 13, 2017

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial...

  • Blog

Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

  • Blog

Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

  • Blog

Travel Ban 3.0: What You Need To Know

September 25, 2017

Just as the Trump administration’s 90-day ban on travel from six Muslim-majority countries was set to expire, it announced the third version of its travel ban Sunday evening. This latest version...

  • Blog

States and NGOs Sue Trump Administration Over DACA Termination

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

  • Blog

Settlement Reached With Government Over Access to Mental Health Evaluations in Family Detention Centers

August 21, 2017

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times...

  • Press Release

ICE Settles Case Challenging Interference with Legal Representation at Dilley

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
  • Blog

The Fight for Appointed Counsel for Immigrant Children Continues

August 10, 2017

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an...

  • Blog

Three-Year-Old Immigrant Child Released After Two Years of Detention

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

  • Blog

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

August 8, 2017

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should...

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