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.

READ MORE

All Due Process and the Courts Content

  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

Publication Date: 
September 26, 2016
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
  • Press Release

Developments with Respect to the One-Year Deadline for Filing Asylum Applications

September 20, 2016
Northwest Immigrant Rights Project (NWIRP), Dobrin & Han, PC, American Immigration Council, and the National Immigration Project of the National Lawyers Guild commend the Executive Office for Immigration Review (EOIR) for reversing course and now allowing asylum applicants to file their applications by mail or in person at an immigration court window.
  • Blog

Government Admits Providing False Information to Supreme Court

August 31, 2016

Last week, the Department of Justice (DOJ) sent a letter to the Supreme Court alerting the Justices that it had provided the Court with incorrect information regarding how long certain noncitizens...

  • Blog

New Lawsuit Challenges Preliminary Injunction in United States v. Texas

August 29, 2016

In February 2015, a court in Texas issued a nationwide preliminary injunction in the case challenging the expansion of President’s Obama’s Deferred Action for Childhood Arrivals (DACA) initiative...

  • Blog

Government Sued For Withholding Records on Immigration Raids

August 11, 2016

The Department of Homeland Security (DHS) is continuing to defend the controversial “Operation Border Guardian” program that took more than 100 Central American women and children from their homes...

  • Blog

Court Rejects Government Attempt to Redact Names of Immigration Judges

August 9, 2016

This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of...

  • Blog

Court Rules that Individuals Seeking Protection Must Have Bond Hearing

August 8, 2016

The Second Circuit Court of Appeals in New York issued an important decision in July recognizing certain noncitizens’ right to a bond hearing before an immigration judge. It was a victory not only...

  • Blog

FOIA Documents Reveal Government Always Knew Flores Settlement Applies to All Children

August 3, 2016

The Ninth Circuit Court of Appeals recently ruled that the 1997 settlement in Flores v. Reno—which governs the detention, treatment and release of immigrant children—covers both unaccompanied and...

  • Press Release

Court of Appeals Strengthens Government Transparency

August 1, 2016
An appellate court has ruled for an immigration group in a lawsuit against the Executive Office for Immigration Review (EOIR) challenging its response to a request for information regarding alleged misconduct by immigration judges and records that would reveal whether the agency adequately investigates and resolves complaints against immigration judges.
  • Blog

Despite Immigration Judge Hiring, Court Backlogs Continue to Grow

July 27, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the...

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