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

Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process

August 9, 2019

In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United...

  • Blog

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

  • Blog

Attorney General Barr Rolls Back Asylum Protections for Families

July 31, 2019

Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new...

  • Blog

Appeals Court Decision Means Hundreds of Migrants Were Unlawfully Convicted

July 26, 2019

The Ninth Circuit Court of Appeals issued a decision clarifying limits on when federal prosecutors can charge immigrants with illegal entry and reentry into the United States this week.  Under...

  • Blog

California Judge Blocks Implementation of Trump’s New Asylum Rule

July 25, 2019

A federal judge in California blocked the implementation of a new rule yesterday that would have prevented most immigrants who arrive at the U.S. southern land border from qualifying for asylum in...

  • Blog

Advocates Seek Information About a Secretive Program That Fast-Tracks Deportations

July 19, 2019

Since the mid-1980s, immigration courts have operated the Institutional Hearing Program (IHP). The program is designed to quickly deport people serving criminal sentences. Despite how long it’s...

  • Blog

Census Bureau Asked 250,000 Households About Their Citizenship Status, Despite Court Ruling

July 17, 2019

Despite losing at the Supreme Court, the Trump administration still managed to ask nearly a quarter of a million U.S. households about the citizenship status of their household members. That’s...

  • Blog

Cutting Interpreters From Immigration Court Risks Due Process

July 12, 2019

Every day, hundreds of non-English speaking immigrants show up to court for initial hearings where they will see an immigration judge for the first time. But due to a new policy, many immigrants...

  • Blog

A New EOIR Rule Expands Powers of the Board of Immigration Appeals and Attorney General

July 9, 2019

The Executive Office for Immigration Review (EOIR) issued a final rule last week that expands the authority of the Board of Immigration Appeals (BIA) and Attorney General William Barr when...

  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Despite Trump Administration’s Efforts

July 3, 2019

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have...

  • Press Release

326 Immigrant Rights Groups Urge Supreme Court to Let Immigration Relief Programs Go Forward

March 8, 2016

WASHINGTON, D.C.

  • Press Release

Administrative Appeals Office Approves National Interest Waiver for Specialty Care Physician

February 17, 2016

Washington, D.C.

  • Press Release

Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration

December 1, 2015

Washington, D.C.

  • Press Release

Immigrant Rights Advocates Sue to Reveal Policies and Procedures at Artesia Family Detention Facility

October 21, 2015

Washington D.C. - Immigrant rights groups today filed Freedom of Information Act (FOIA) litigation to compel the

  • Press Release

Coercion and Intimidation of Detained Mothers and Children Must Stop

September 30, 2015

Today, Catholic Legal Immigration Network (CLINIC), the American Immigration Council, Refugee and Immigrant Center for Education and Legal Services (RAICES), and the American Immigration Lawyers As

  • Press Release

Judge Stands Up for Refugee Families, Castigates Government for Policies That Traumatize Children

July 25, 2015

Washington, DC – The American Immigration Lawyers Association (AILA) and the American Immigration Council (Council) welcomed a ruling by U.S.

  • Press Release

Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review

June 16, 2015

Washington, D.C.

  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

June 10, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

  • Press Release

Divided Fifth Circuit Denies Emergency Stay as Underlying Case on Immigration Action Proceeds

May 26, 2015

Washington D.C. - In a disappointing decision, a divided panel of the Fifth Circuit Court of Appeals today  denied  the federal government’s request for an emergency stay of a preliminary in

  • Press Release

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

February 17, 2015
  • 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.
  • Blog

New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court

June 3, 2021

The Department of Homeland Security (DHS)  and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking...

  • Blog

Supreme Court Rejects Two Ninth Circuit Decisions That Protected Immigrants

June 2, 2021

In two unanimous decisions, the Supreme Court has rejected rules that provided protections for immigrants. The rejected rules came from the U.S. Court of Appeals for the Ninth Circuit, a court...

  • Amicus Briefs

Council Files Amicus Brief on the Legality of Prolonged Mandatory Detention

Publication Date: 
May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
  • Letters

Request to Repeal EOIR Rule Imposing Immigration Fee Increases

Publication Date: 
May 21, 2021

The American Immigration Council and over 150 organizations supporting people in proceedings before the Immigration Courts or the Board of Immigration Appeals (BIA) sent a letter to the Executive...

  • Press Release

New Report Examines Biden’s Approach to Immigration Enforcement

May 20, 2021
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office.

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