Due Process and the Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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

  • Advocacy

Letter to ICE and EOIR Regarding Remote Legal Access and Representation During COVID-19 Pandemic

March 23, 2020
This urgent letter from over 100 organizations expressing deep concern about the need for remote legal access and representation in immigration court and detention during the COVID-19 pandemic.
  • 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...

  • Amicus Briefs

Las Americas Immigrant Advocacy Center v. Wolf

Publication Date: 
January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

  • Advocacy

Statement for the House Judiciary Committee on "Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts"

January 29, 2020

The American Immigration Council submitted a written statement to the House Judiciary Committee's Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on "Courts in Crisis:...

  • Litigation

Challenging the Expansion of Expedited Removal

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • FOIA

FOIA Request on EOIR Institutional Hearing Program

The Council, along with AILA and the Immigrant Defense Project (IDP) filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking information relating to the Institutional Hearing Program (IHP).
  • Advocacy

How the El Paso Immigration Court Fails to Uphold Due Process

April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

  • FOIA

FOIA Request Seeks All Immigration Judge Standing Orders

The Council filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking all immigration judge written standing orders presently in force at immigration courts nationwide governing requests by counsel.
  • Practice Advisories

Inspection and Entry at a Port of Entry: When is there an Admission?

Publication Date: 
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
  • Practice Advisories

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Publication Date: 
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
  • Practice Advisories

Seeking a Judicial Stay of Removal in the Court of Appeals

Publication Date: 
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
  • Practice Advisories

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Publication Date: 
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

  • Practice Advisories

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Publication Date: 
October 23, 2013
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
  • Practice Advisories

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

Publication Date: 
April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
  • Practice Advisories

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

Publication Date: 
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
  • Practice Advisories

Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings

Publication Date: 
June 12, 2012
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.
  • Practice Advisories

How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case

Publication Date: 
April 29, 2011

This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.

  • Practice Advisories

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

Publication Date: 
August 1, 2009
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.
  • Blog

New Memo to Immigration Judges Reaffirms Availability of Administrative Closure

December 17, 2021

The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and...

  • Blog

Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier

November 11, 2021

Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new...

  • Blog

Court Allows ICE to Use Enforcement Priorities Set by the Biden Administration

September 16, 2021

The Fifth Circuit Court of Appeals on Wednesday stayed a significant part of an earlier decision by the Northern District of Texas that would have blocked the implementation of the Biden...

  • Blog

New Illinois Law Allows Public Defenders to Represent Immigrants Facing Deportation

September 2, 2021

Illinois Governor J.B. Pritzker signed a law in August that would allow the Cook County Public Defender to represent immigrants in the Chicago immigration court. The law is part of a movement to...

  • Blog

Felony Reentry Immigration Law Is Unconstitutional Due to Racist Origins, Judge Rules

August 27, 2021

The post Felony Reentry Immigration Law Is Unconstitutional Due to Racist Origins, Judge Rules...

  • 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...

  • 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...

  • 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...

  • Blog

First Round of Biden Immigration Judges Fails to Increase Diversity

May 13, 2021

The Biden administration announced its first round of immigration judge appointments on May 6. Unfortunately, the immigration court appointments do not show the commitment to diversity that ...

  • Press Release

New FOIA Request Filed to Force Agency to Release Immigration Court Operations Information on COVID-19 Pandemic

August 4, 2020
The public has a right to know the safeguards that the government has in place to prevent the unnecessary illness and possible death of numerous individuals still reporting to work in immigration courts throughout the country.
  • Press Release

Comment on Fast-Track Deportation Ruling

June 23, 2020
A federal appeals court has ruled that a lawsuit against the Trump administration’s policy that sought to massively expand fast-track deportations without a fair legal process can continue. The court held that the lawsuit was properly brought, but rejected the claim that the administration had failed to follow the procedures provided under the Administrative Procedure Act.
  • Press Release

The American Immigration Council Announces Kate Melloy Goettel As Legal Director of Litigation

June 5, 2020
The American Immigration Council has named experienced attorney and litigator Kate Melloy Goettel to be its legal director of litigation.
  • Press Release

New Report Reveals the Impact of COVID-19 Across the US Immigration System

May 27, 2020
The American Immigration Council's latest report examines major changes to the U.S. immigration system in the wake of the COVID-19 pandemic and the unique challenges the pandemic has created for noncitizens and government agencies.
  • Press Release

New Documents Reveal Immigration Judge Hiring Plan Designed to Stack the Courts, Prioritize Politics Over Justice

May 4, 2020
The American Immigration Lawyers Association and the American Immigration Council released documents obtained via Freedom of Information Act litigation revealing the Department of Justice Executive Office for Immigration Review’s updated hiring plan for immigration judges and appellate immigration judges.
  • Press Release

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic

April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
  • Press Release

Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

March 30, 2020
This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.
  • Press Release

Federal Appeals Court Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers

March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
  • Press Release

Citing Coronavirus Risks and a New Irresponsible Policy for the Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees, Lawyers, and Immigrants

March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
  • 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.
  • Press Release

Legal Advocates to File Lawsuit Challenging the Constitutionality of Florida’s Anti-Immigrant Law

July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
  • Blog

Is Chevron deference on the Supreme Court’s chopping block?

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

  • Blog

Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases

May 22, 2023

In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration...

  • 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.
  • 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.
  • 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.
  • 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.
  • Blog

What Is the Law? Under New Immigration Decision, the Answer Isn’t Always Clear

March 30, 2023

Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what...

  • Blog

Immigration Agencies Violate FOIA, Harming Immigrants and Government Transparency Alike

March 17, 2023

Immigration agencies have a problem with transparency. With an immigration system as complex as ours and Freedom of Information Act offices that are chronically underfunded, it’s no surprise that...

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