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

‘I Was Denied Access to the Tent Courts Where Asylum Seekers Are Rushed Through a Sham Process.’

November 18, 2019

Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under the Migrant Protection Protocols (MPP), also known as the Remain...

  • Blog

Immigration Agencies’ Intrusive Searches of Cell Phones, Laptops Are Ruled Unconstitutional

November 15, 2019

A federal court ruled this week that sweeping policies permitting U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to search personal cell phones,...

  • Blog

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

November 6, 2019

It’s been nearly a year since the Trump administration announced the Migrant Protection Protocols (MPP), or the “Remain in Mexico” program. This program forces vulnerable asylum seekers to return...

  • Blog

A Federal Agency Is Deleting Court Records That Implicate Trump’s Immigration Policies  

November 5, 2019

Understanding how the immigration agencies operate has never been more important. Equally important is being able to rely on the information that those agencies release to the public. For this...

  • Blog

The Perils of the Migrant Protection Protocols

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

  • Blog

In Historic Ruling, Thousands of Immigrants Waiting for Their Immigration Records Can Now Challenge Agency Delay

October 17, 2019

A federal court in San Francisco certified two nationwide classes of immigrants and attorneys challenging extreme agency delays in producing immigration case files. Plaintiffs allege that U.S....

  • Blog

Which Immigration Cases Will the Supreme Court Rule on This Session?

October 15, 2019

The Supreme Court began a new session this October, and in the coming months, the justices will hear several high-profile immigration cases. These cases involve the attempted termination of the...

  • Blog

Pennsylvania Should Widen Access to Justice for People in Immigration Detention

October 11, 2019

People in immigration detention who are represented by an attorney are more likely to receive a positive outcome in immigration court than those that face judges alone. Unfortunately, people who...

  • Blog

Federal Judge Says DHS Must Keep Its Promise to Protect Children in Immigration Detention

October 2, 2019

A federal judge on Friday blocked the Trump administration’s attempts to significantly undo the Flores Settlement Agreement, which mandates certain protections for children held in immigration...

  • Blog

Federal Judge Blocks the Expansion of Fast-Track Deportation Program, Expedited Removal

September 30, 2019

A federal judge blocked the expansion of a fast-track deportation program, known as “expedited removal,” minutes before the government said it would begin implementing its expansion on September...

  • Press Release

Legal Action Center Files Suit Against DHS for Failure to Disclose Records on "Voluntary" Returns

June 8, 2012

Washington D.C.

  • Press Release

Council Reveals Government’s Interference with Noncitizens’ Access to Legal Counsel

May 31, 2012

Washington D.C. - Today, the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of non

  • Press Release

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

  • Press Release

The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision

March 29, 2012

Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v.

  • 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.

  • 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

  • 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

  • Practice Advisories

Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case

February 19, 2021
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the APA. It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.
  • Blog

In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public

February 18, 2021

The Second Circuit has found that the Board of Immigration Appeals (BIA) must publish immigration decisions, reversing an earlier federal district court decision. The case challenged the...

  • Letters

Coalition Letter on Continued Issues in Immigration Courts During COVID-19 Pandemic

Publication Date: 
February 1, 2021
The American Immigration Council urged the Biden administration to address the ongoing impact of the COVID-19 pandemic on immigration courts that continue to place everyone's health at risk during...
  • Letters

Coalition Letter to President Biden on Justice Department Reform of Immigration Courts and Enforcement Priorities

Publication Date: 
February 1, 2021
The American Immigration Council joined AILA and other organizations in calling for vital reforms to ensure fairness and integrity in the immigration courts and the enforcement system.
  • Letters

Coalition Letter on COVID-19 to Domestic Policy Council and Executive Office of Immigration Review

Publication Date: 
February 1, 2021
The American Immigration Council, sent a letter to the White House Domestic Policy Council and the Executive Office for Immigration Review (EOIR) letter raising major concerns about the ICE and EOIR...
  • Blog

Immigrants Appear for Their Court Hearings, New Data Shows

January 28, 2021

Do most immigrants show up for their immigration court hearings? A new report released by the American Immigration Council reveals that the answer to this question is a clear “Yes.” As the Biden...

  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Blog

Why Biden’s Immigration Bill Is the Boldest in Decades

January 21, 2021

During his campaign, President Biden promised that immigration reform would be one of his top priorities upon taking office. After unveiling the summary of a sweeping immigration reform bill on...

  • Blog

Trump’s Drastic Immigration Court Fee Hikes Are Blocked in Court

January 19, 2021

The Trump administration has repeatedly tried to stop low-income immigrants from accessing protections and exercising their rights in the United States. Its last attempt—increasing immigration...

  • Policy Briefs

The Biden Administration and Congress Must Guarantee Legal Representation for People Facing Removal

Publication Date: 
January 15, 2021
The Biden administration should take steps immediately upon entering office to expand federally funded legal representation programs for people facing removal. Here's why.

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