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

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...

  • Blog

What Happens to Dreamers Now That the Supreme Court Is Hearing the DACA Case?

July 2, 2019

After months of speculation, last week the Supreme Court agreed to review three cases challenging the Trump administration’s decision to end Deferred Action for Childhood Arrivals (DACA). The...

  • Blog

Supreme Court Rules Against Citizenship Question on 2020 Census

June 28, 2019

In a rebuke to the Trump administration, the Supreme Court ruled against adding a question on citizenship to the 2020 U.S. Census form—for now. Critics feared the question may discourage immigrant...

  • Blog

Federal Court Tells ICE to Stop Arrests in Massachusetts Courthouses

June 27, 2019

In Massachusetts, U.S. Immigration and Customs Enforcement (ICE) officials are barred from making civil arrests in courthouses. Such arrests have a chilling effect on the administration of justice...

  • Blog

Immigration Judges and Advocates Criticize Immigration Court System for ‘Propaganda’

May 16, 2019
  • Blog

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

May 15, 2019

The Department of Homeland Security (DHS) is resuming its controversial “Remain in Mexico” policy. This policy requires asylum-seeking Central American migrants who arrive at our Southern border...

  • Blog

Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors

May 7, 2019

A federal district court recently prevented U.S. Citizenship and Immigration Services (USCIS) from imposing a new policy that radically changed how the agency determines when a foreign student or...

  • Blog

Trump Wants to Make These 4 Disastrous Changes to the Asylum System

May 1, 2019

President Trump is calling for new regulations that will target asylum seekers arriving at the U.S.-Mexico border. These new rules would accelerate court hearings, limit options for relief, create...

  • Blog

Government Will Help 2,700 Central American Children Reunite With Their Families After Court Settlement

April 16, 2019

The Trump administration has agreed to reverse course and begin the process of reuniting 2,700 children living in Central America with their parents in the United States. The decision comes as...

  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

  • 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
  • Press Release

Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)

January 27, 2015

Washington, D.C.—Recently, the U.S.

  • Press Release

Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)

January 22, 2015

Washington, D.C.—Recently, the U.S.

  • Press Release

Immigration, Civil Rights and Labor Groups Join Legal Effort to Defend Immigration Action

December 29, 2014

Washington D.C. - Today, immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an

  • Press Release

U.S. District Court in D.C. Hears First Arguments Against Executive Action on Immigration

December 22, 2014

Washington D.C. - Today, the U.S.

  • 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...

  • 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...

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