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.

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All Due Process and the Courts Content

  • Press Release

Immigration Groups Seek Information on Customs and Border Protection’s “Translation” Activities in Northern Border States

June 4, 2016
Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP).
  • Blog

Administration Seeks to Protect DACA Recipients from Judge Hanen’s Unusual Order in Immigration Case

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

  • Press Release

Lawsuit Seeks Transparency in H-1B Lottery Process

May 23, 2016

shington D.C. - The American Immigration Council (Council) and the American Immigration Lawyers Association (AILA) have teamed up on a lawsuit against the U.S.

  • Blog

Latest Flores Filing Highlights Stories of Children and Mothers Unlawfully Detained by Obama Administration

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

  • Blog

Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

  • Fact Sheet

Children in Immigration Court: Over 95 Percent Represented by an Attorney Appear in Court

Publication Date: 
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

  • Blog

Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

April 27, 2016

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded...

  • Blog

Immigration Court Backlog Shows No Sign of Shrinking

April 22, 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 486,206 cases in the...

  • Blog

What Are the Next Steps at the Supreme Court in U.S. v. Texas?

April 21, 2016

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final...

  • Blog

Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

April 20, 2016

By Shoba Sivaprasad Wadhia, faculty scholar and law professor at Penn State Law-University Park. On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case...

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