Due Process and the Courts

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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.

  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

The complaint outlines systemic due process concerns around unprofessional behavior by immigration judges and troubling court practices in El Paso.

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

  • Blog

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

July 24, 2017

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown....

  • Blog

Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

July 17, 2017

This story was updated on July 19, 2017. U.S. District Judge Derrick Watson ruled last week that “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and...

  • Blog

Supreme Court Limits Power to Revoke Naturalized Person’s Citizenship

July 13, 2017

The Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam—even a misstatement that had no impact on the naturalization...

  • Blog

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

  • Blog

Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

June 26, 2017

The Supreme Court has decided to hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President...

  • Blog

Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

June 21, 2017

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies...

  • Blog

“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

June 13, 2017

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by...

  • Blog

Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

June 8, 2017

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court...

  • Blog

President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

June 7, 2017

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration...

  • Blog

The Dire State of Immigration Detention in Georgia

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

  • FOIA

FOIA Request Seeks Information About the Secretive Expansion of Immigration Courts

The American Immigration Council filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking information relating to the expansion and...

  • Advocacy

Letter to Department of Homeland Security Urges End to Migrant Protection Protocols

March 6, 2020

153 legal representation, refugee assistance, faith-based, human rights, and community groups—including the American Immigration Council—sent a letter to the Department of Homeland Security...

  • Blog

Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally

March 3, 2020

The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S....

  • Blog

Supreme Court Rules Parents of Slain Teenager Can’t Sue Border Patrol Agent Responsible for His Death

March 2, 2020

The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the...

  • Press Release

Ruling on Migrant Protection Protocols Is a Step Forward in Restoring the Rule of Law at the Border

February 28, 2020
The Ninth Circuit Court of Appeals blocked the Trump administration’s Migrant Protection Protocols, also known as the “Remain in Mexico” program. Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under MPP.
  • Blog

Judge Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews in Maryland

February 21, 2020

The U.S. Department of Homeland Security (DHS) has been targeting U.S. citizens’ foreign spouses when they apply for legal immigration status. Earlier this month, a federal judge in Maryland put a...

  • Blog

How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?

February 20, 2020

A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human...

  • Blog

These Humanitarian Aid Workers’ Convictions Were Overturned. Here’s How It Sets Precedent for Future Protection.

February 13, 2020

A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and...

  • Blog

USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court

February 12, 2020

A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully...

  • Blog

Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews

February 4, 2020

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical...

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