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.

  • 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.

READ MORE

All Due Process and the Courts Content

  • Blog

The Trump Administration Loses Fight to Add Citizenship Question to the 2020 Census

January 16, 2019

A federal judge blocked the Trump administration’s plan to add a question on U.S. citizenship to the 2020 Census on Tuesday, ruling that the controversial move “violated the public trust” and...

  • Blog

As Shutdown Moves Into Fourth Week, Most Immigration Courts Remain Shuttered

January 14, 2019

With the government shutdown dragging into its fourth week—marking the longest shutdown in U.S. history—most of the nation’s immigration courts remain closed. The Trump administration decries...

  • Blog

The Judicial Black Sites the Government Created to Speed Up Deportations

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

  • Blog

As 2018 Draws to a Close, Immigration Court Backlogs Reach Record Levels

December 19, 2018

  In the first two years of the Trump administration, immigration hardliners made repeated attempts to reduce immigration court backlogs, from hiring nearly100 new immigration judges to limiting...

  • Blog

Lawsuit Challenging Delays in Asylum Screening Interviews and Bond Hearings Continues

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

  • Blog

Federal Court to Consider Again Whether Children Can Be Deported Without Attorneys

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

  • Blog

What Matthew Whitaker’s Designation as Acting Attorney General Means for Immigration

December 3, 2018

Following Jeff Sessions’ resignation as Attorney General, President Trump named Matthew Whitaker to replace him—a move that has already inspired multiple lawsuits that contend the designation was...

  • Blog

Judge Blocks President Trump’s New Asylum Ban

November 20, 2018

Ruling in a lawsuit late Monday night, a federal judge in San Francisco put the Trump administration’s asylum ban—an unprecedented move that barred asylum to any individual crossing the Southern...

  • Blog

DACA Is Still in Effect as It Heads to the Supreme Court

November 13, 2018

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously...

  • Blog

The Government Outlines Its Plan to Extend TPS Benefits Under Court Order

October 26, 2018

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua,...

  • Press Release

Federal Judge Orders USCIS to Release Records on Access to Counsel

November 29, 2012

This week, a federal district court issued an opinion highly critical

  • Press Release

Council Challenges Denial of Motion to Suppress Evidence Obtained Through Unlawful Conduct

November 28, 2012

The American Immigration Council’s Legal Action Center argued that local police violated the Fourth Amendment by unnecessarily prolonging an individual’s detention based solely on the suspicion tha

  • Press Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 19, 2012

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

  • Press Release

Council Commends Latest Ruling Allowing Immigration Judges to Consider Evidence of Hardship

November 13, 2012

Washington, D.C.—Last Friday, the U.S.

  • Press Release

Warrantless Arrests and the Timing of Right to Counsel Advisals

November 2, 2012

Challenging Matter of E-R-M-F- & A-S-M-:
Warrantless Arrests and the Timing of Right to Counsel Advisals

  • Press Release

Fifth Circuit Joins Other Courts in Holding That Immigrants Can Pursue Cases From Outside the United States

October 1, 2012

Last week, the U.S.

  • Press Release

Legal Action Center Welcomes Ninth Circuit’s Decision on Child Status Protection Act

September 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they t

  • Press Release

American Immigration Council Applauds Ruling Allowing Immigration Judges to Consider Evidence of Hardship

September 17, 2012

The U.S.

  • Press Release

AIC Applauds Ruling Allowing Immigration Judges to Consider Evidence of Hardship

September 17, 2012

American Immigration Council Applauds Ruling
Allowing Immigration Judges to Consider Evidence of Hardship

  • Press Release

Supreme Court Limits Arizona’s Overreach on Immigration, Leaves Door Open to Future Challenges

June 25, 2012

Washington D.C. - In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal gov

  • Blog

It’s Time to Fix the Immigration Court System

January 8, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  The backbone of a functioning justice...

  • Comments

Comments Filed to Oppose Serious Flaws in Proposed Motion to Reopen Rule

Publication Date: 
December 28, 2020

The American Immigration Council and the American Immigration Lawyers Association filed comments to address the serious flaws in the Department of Justice's proposed changes to regulations...

  • Press Release

Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice

December 24, 2020
The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings.
  • Litigation

Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

The Council filed a federal lawsuit challenging the Trump administration’s rule that would drastically increase fees across-the-board in high-stakes immigration proceedings.
  • Comments

Comment in Opposition to Executive Office for Immigration Review Rule "Good Cause for Continuances"

Publication Date: 
December 21, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted the following comments in response to the Executive Office for Immigration Review proposed rule,...

  • Blog

USCIS and ICE Must Give People Access to Their Immigration Files After Losing Lawsuit

December 18, 2020

People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals...

  • Press Release

District Court Orders Immigration Agencies to Produce Immigration Case Files in First of Its Kind Class Action

December 17, 2020
Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days.
  • Blog

Asylum Is In Danger After Court Upholds Rushed Screening Process at the Border

December 14, 2020

The Trump administration secretly implemented one of its most horrific attacks on America’s long tradition of asylum—holding asylum seekers in U.S. Customs and Border Protection (CBP) custody...

  • Blog

A Judge Fully Reinstated DACA, but Dreamers Are Still in Danger

December 7, 2020

A federal judge in New York has overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. DACA temporarily protects certain people...

  • Blog

How Two Proposed Rules Make It Harder for Immigration Judges to Manage Their Docket

December 3, 2020

The Executive Office for Immigration Review (EOIR) has proposed two rules that would significantly decrease the due process rights of people in immigration court. Both rules would restrict judges...

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