Due Process and the Courts

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

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

  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Fact Sheet

The Institutional Hearing Program: An Overview

Publication Date: 
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Fact Sheet

Prosecuting People for Coming to the United States

Publication Date: 
August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
  • 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.
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

Publication Date: 
May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

Publication Date: 
February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • 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.
  • Fact Sheet

The Difference Between Asylum and Withholding of Removal

Publication Date: 
October 6, 2020
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on...
  • Fact Sheet

Immigrants and Families Appear in Court

Publication Date: 
July 30, 2019
Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings.
  • Fact Sheet

Legal Orientation Program Overview

Publication Date: 
September 6, 2018
The Legal Orientation Program (LOP) offers legal education, as well as referrals for free and low-cost legal counsel, to noncitizens in immigration detention.
  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • Litigation

Challenging Iowa’s State Deportation Law

We’re suing Iowa for a new law that criminalizes anyone who has reentered the state after being deported — including children — even if that person is now authorized to be in the U.S. This is the most extreme anti-immigrant law in the state’s history.
  • FOIA Litigation

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

This nationwide class action lawsuit challenges systemic delays in providing immigration files.
  • Amicus Briefs

Amicus Brief to Supreme Court Asserting Judicial Review of Consular Visa Denials Available Pursuant to the Administrative Procedure Act

Publication Date: 
March 28, 2024
The American Immigration Council filed an Amicus Brief with the American Immigration Lawyers Association to challenge the government's theory that judicial review is never available when a consular officer decides to deny a visa application.
  • FOIA Litigation

Council Sues EOIR To Find Out Why Immigrants’ Court Hearings Are Moved Up on Short Notice

This FOIA suit seeks to compel EOIR to provide information about the immigration courts’ practice of advancing the date of immigrants’ hearings without much notice to them or their attorneys.
  • Litigation

Challenging Credible Fear Interview and Bond Hearing Delays

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
  • Amicus Briefs

Council Files Amicus Brief with Supreme Court on Fair, Consistent Way to Interpret Aggravated Felony Deportation Ground

Publication Date: 
April 14, 2023
In this amicus brief the Council urges the Supreme Court to correct the BIA's mistake in not applying that criminal "rule of lenity" when interpreting the aggravated felony deportation ground.
  • Letters

Letter Requesting Improved Language Access for Unaccompanied Children

November 2, 2022

The American Immigration Council joined a team of nonprofits across the country to write a letter to Office of Refugee Resettlement (ORR) Director Robin Dunn Marcos to express concern over lack of...

  • FOIA

Seeking Records on Why Immigrants’ Hearings Are Being Moved Up Without Much Notice to Them or Their Lawyers

This Freedom of Information Act (FOIA) request seeks records from the Executive Office for Immigration Review (EOIR) about its practice of moving up the date of immigrants’ individual hearings with little to no notice to their lawyers.
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
  • Practice Advisories

Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews

Publication Date: 
March 22, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
  • Practice Advisories

Litigation for Business Immigration Practitioners

Publication Date: 
January 8, 2024
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
  • Practice Advisories

Common Tools of Statutory Construction for Criminal Removal Grounds

Publication Date: 
November 28, 2023
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds...
  • Practice Advisories

Practice Alert: Overview of the Supreme Court's Decision in Pugin v. Garland

Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
  • Practice Advisories

'Freedom of Information Act and Immigration Agencies

Publication Date: 
April 26, 2023
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
  • Practice Advisories

Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

Publication Date: 
April 17, 2023
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
  • Practice Advisories

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

Publication Date: 
December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
  • Practice Advisories

A Guide to Obtaining Detention Records

Publication Date: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
  • Practice Advisories

Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case

Publication Date: 
November 24, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
  • Blog

Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron

July 11, 2024

The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The...

  • Blog

Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings

June 28, 2024

The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never...

  • Blog

Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected

May 22, 2024

The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores...

  • Blog

Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive

March 25, 2024

The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s...

  • Blog

A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants

January 31, 2024

Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured...

  • Blog

New EOIR Memo Updates Protections for Children in Immigration Court

January 18, 2024

A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment...

  • Blog

SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again

December 15, 2023

Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest...

  • Blog

What Does the Looming Government Shutdown Mean for Our Immigration System?

September 28, 2023

After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass...

  • Blog

New Immigration Court Rule Would Protect Critical Docket Management Tools and Rescind Trump-Era Changes

September 14, 2023

The Department of Justice has proposed a new rule to protect immigration judges’ ability to administratively close removal proceedings and control their ever-expanding dockets. The proposed rule,...

  • Blog

With Challenge to CHNV Parole Program, the ‘Right to Welcome’ Goes on Trial in Texas

August 30, 2023

The Biden administration’s humanitarian parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) went on trial last week. The trial, held in a federal court in Texas, was the...

  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

Ninth Circuit Upholds Rights of Asylum Seekers, Rules “Metering” Unlawful

October 23, 2024
In a decision issued on Oct. 23, the Ninth Circuit Court of Appeals largely affirmed a lower court decision that found the U.S. government's systemic practice of turning back asylum seekers ("metering") at the U.S.-Mexico border is unlawful.
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Press Release

Iowa Blocks Hateful Anti-Immigrant Law

June 17, 2024
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.
  • Press Release

Federal Court Temporarily Blocks Key Provision of Florida’s Anti-Immigrant SB 1718

May 22, 2024
On May 22, a federal court blocked a section of a draconian anti-immigrant law passed by Govenor Ron DeSantis's government in Florida.
  • Press Release

Immigrant Rights Groups Sue for Information on Asylum Turnbacks

October 18, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
  • Press Release

Court Allows Turnbacks of Asylum Seekers Without CBP One Appointments to Continue

October 13, 2023
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app.
  • Press Release

Court Hears Challenge to Asylum Turnback

October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
  • Press Release

Newly Proposed Appellate Rule Would Overturn Trump-era Restrictions for Immigration Judges and Codify Judicial Discretion

September 8, 2023
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response.
  • Press Release

NEW REPORT: Gaps in Detention Data from Torrance Detention Facility Show Racial Disparities

October 24, 2024
In a New Mexico detention center, ICE categorized People with African, Asian, and South American backgrounds as racially ‘white’
  • Press Release

Ninth Circuit Upholds Rights of Asylum Seekers, Rules “Metering” Unlawful

October 23, 2024
In a decision issued on Oct. 23, the Ninth Circuit Court of Appeals largely affirmed a lower court decision that found the U.S. government's systemic practice of turning back asylum seekers ("metering") at the U.S.-Mexico border is unlawful.
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
  • Blog

Immigrants May Benefit While Others Lose Out From the Supreme Court’s Decision Overruling Chevron

July 11, 2024

The Supreme Court handed a momentous victory to supporters of deregulation on June 28 in Loper Bright Enterprises v. Raimondo, discarding the long-standing doctrine known as Chevron deference. The...

  • Blog

Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings

June 28, 2024

The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never...

  • FOIA

The Council Seeks Records on How the Government Interdicts Migrants at Sea

The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel.
  • Press Release

Iowa Blocks Hateful Anti-Immigrant Law

June 17, 2024
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
  • Press Release

Biden's Executive Action Will Not Make Border More Orderly or Secure

June 5, 2024
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks.

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