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.

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

Immigration Appeals Court Reverses Position on Deportation Waivers

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

  • Blog

Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

  • Blog

Why More Immigration Judges Are Needed

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

  • Blog

Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

  • Blog

Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court

April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

  • Blog

No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

  • Blog

The Court Decision on Deferred Action Everyone Should Be Talking About

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

  • Blog

Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

  • Blog

Immigration Courts Are Ordering Unrepresented Children Deported

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

  • Blog

Unrepresented Children Still Being Fast-Tracked Through Immigration Hearings

February 6, 2015

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have...

  • Blog

Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

January 12, 2017

Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a...

  • Press Release

Federal Court Grants Nationwide Class Status in Suit to Protect Asylum Seekers

January 12, 2017
A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries.
  • Blog

Asylum Free Zones in the U.S. Examined by Inter-American Commission

December 20, 2016

Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on...

  • Blog

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

December 7, 2016

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and...

  • Blog

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

December 1, 2016

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in...

  • Blog

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

November 29, 2016

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge...

  • Blog

Jeff Sessions Nomination for Attorney General is Highly Concerning to Future of Immigration Policy

November 18, 2016
Senator Sessions has led the fight against immigration reform at every turn during his 20 years in the Senate.
  • Blog

Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

November 17, 2016

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of...

  • Blog

How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan

November 16, 2016

For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from  (TRAC) record the backlog at an all-time high of 521,676 as of the end of...

  • Blog

Immigration Groups File Briefs Calling For End to Detention Without Bond

October 27, 2016

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration...

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