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.

READ MORE

All Due Process and the Courts Content

  • 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...

  • Blog

How the Immigration Court Reached a Record One Million Case Backlog

September 24, 2019

When Donald Trump took office in January 2017, the immigration courts faced a record backlog of over 542,000 cases. This month, the immigration court backlog hit a new historic high with over 1,...

  • Blog

Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand

September 9, 2019

The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty....

  • Blog

Tent Immigration Courthouses Are Being Built at the Texas Border

August 29, 2019

Immigration judges from across the country will soon be reassigned from their normal caseload to  preside over thousands of immigration cases along the U.S.-Mexico border, reportedly in an effort...

  • Blog

DOJ Moves to Further Politicize Immigration Court System

August 27, 2019

The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a...

  • Blog

Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap

August 19, 2019

A federal appeals court in California ruled on Thursday that immigrant children must receive edible food, clean water, soap, and toothpaste while being detained by U.S. immigration authorities....

  • Blog

Trump Administration Moves to ‘Disband and Destroy’ Immigration Judges Union

August 12, 2019

Immigration judges around the country are denouncing the Trump administration’s latest move to “disband and destroy” their union. The judges’ union has been openly critical of the administration’s...

  • 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

  • Press Release

Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts

May 18, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for con

  • Press Release

Federal Court Decision Protects H-1B Employees from Wrongful Arrest

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

  • Press Release

Legal Action Center Pursues Campaign to Protect Judicial Review

March 30, 2011

Washington D.C. - In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Coun

  • Press Release

IJs Should Exercise Authority to Halt Proceedings against Noncitizens with Serious Mental Disabilities

March 17, 2011

Washington D.C.

  • Press Release

Legal Action Center Urges Court to Strike Down Regulation Barring Post-Departure Motions to Reopen

March 11, 2011

Washington D.C. - This week, the American Immigration Council's Legal Action Center, joined by the American Immigration Lawyers Association, submitted an amicus brief to

  • Press Release

Federal Court Upholds Immigrants' Right To Reopen Cases From Outside the U.S.

February 3, 2011

Washington, D.C.

  • Press Release

Legal Action Center Argues for Greater Federal Court Oversight of Immigration Decisions

October 7, 2010

Washington D.C. - In a continuing effort to promote greater federal court oversight of immigration decision-making, the American Immigration Counc

  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Advocacy

Coalition Outlines Immigration Priorities for a Just Budget in Fiscal Year 2023

Publication Date: 
August 17, 2021
The Council and more than 130 organizations urged the Biden administration to redirect government funding for fiscal year 2023 away from draconian enforcement measures and invest in legal services...
  • Letters

Council Calls on Biden Administration to Block the Return of MPP

Publication Date: 
August 16, 2021
The Council led more than 100 other organizations in a letter urging the Biden administration to do everything in its power to prevent the return of the Migrant Protection Protocols (MPP), which was...
  • Blog

Attorney General Garland Brings Back Administrative Closure for Immigration Judges

July 16, 2021

Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing...

  • Letters

Coalition Letter Expresses Concerns About the Housing of Support Services Within ICE

Publication Date: 
July 16, 2021
The Council responded to ICE's Request for Information for a National Case Management Program, expressing concern that ICE's management of the program would be a conflict of interest.
  • Press Release

Congress Must Ensure a Permanent Solution for Dreamers

July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
  • Press Release

AG Garland Restores Judges’ Discretion to Manage an Overburdened Docket

July 15, 2021
Attorney General Merrick Garland today restored immigration judges’ ability to administratively close deportation cases.
  • Blog

DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings

June 9, 2021

U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) issued a new memorandum on May 27 that provides guidance on how its attorneys can and should exercise...

  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.

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