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

  • Advocacy

Comments to the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.”

February 14, 2012
The Council and AILA submitted comments on the USCIS Interim Memo “The Role of Private Attorneys and Other Representatives; Revisions to Adjudicator’s Field Manual (AFM) Chapters 12 and 15; AFM Update AD11-42.” The comments recommended, among other things, that USCIS take additional steps to clarify the role of attorneys and the treatment of attorneys’ written submissions; to address continued limitations on attorney seating; to expand the requirements related to waivers of representation; and to improve the complaint process.
  • Press Release

En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.

January 30, 2012

Washington, D.C.- Today, an en banc panel of the U.S.

  • Litigation

Access to Counsel Before CBP

The American Immigration Council, with co-counsel Dorsey & Whitney LLP, filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to compel the release of records relating to noncitizens’ access to counsel.

  • Press Release

USCIS Takes Steps to Improve Noncitizens’ Access to Legal Counsel

January 19, 2012

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration age

  • Press Release

LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States

December 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Cir

  • Press Release

Lawsuits Filed Against Department of Homeland Security Seek Greater Transparency

November 9, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) this week filed two lawsuits

  • Press Release

Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest

August 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigra

  • Advocacy

Council and AILA Letter Urging ICE to Address Reports of Restrictions on Access to Counsel in a Range of Interview Settings

August 8, 2011
In this letter, the Council and AILA urged ICE to address reports of restrictions on access to counsel in a range of interview settings. These restrictions, documented in a nation-wide survey of immigration attorneys, included complete bars to attorney presence during ICE interviews and limits on participation when attorneys are permitted to be present. Attorneys also reported that ICE officers often were antagonistic toward attorneys.
  • Press Release

BIA Provides Important But Incomplete Guidance on Mental Competency Issues

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

  • Advocacy

Council and AILA’s Recommendations for Changes to the USCIS Adjudicator's Field Manual (AFM)

June 14, 2011
The Council and AILA provided recommendations for changes to the USCIS Adjudicator's Field Manual (AFM) to better safeguard the attorney's role in USCIS interviews. These recommendations were in response to a request from USCIS to present specific recommendations for changes to USCIS guidance on access to counsel.

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