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.

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All Due Process and the Courts Content

  • Blog

Texas Sues Federal Government Again, This Time Over Refugees

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

  • Blog

Will the Immigration Court Backlog Finally Go Down?

December 3, 2015

Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration...

  • Blog

Groups Urge Supreme Court to Hear Executive Action Case This Term

December 1, 2015

Today, a coalition of 224 immigration, civil rights, labor, and social service groups filed an amicus (“friend of the court”) brief, urging the Supreme Court to review the Fifth Circuit’s decision...

  • Blog

Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation

November 6, 2015

Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in...

  • Blog

The Battle Over Birth Certificates in Texas

October 20, 2015

In May, a group of undocumented parents, represented by South Texas Civil Rights Project and Texas Rio Grande Legal Aid, filed a lawsuit against the State of Texas for denying their children, born...

  • Blog

Immigration Courts Have New Rules Governing Legal Representation Processes

September 24, 2015

Last week, the Executive Office for Immigration Review (EOIR) announced changes to the regulations governing legal representation in immigration court and at the Board of Immigration Appeals (BIA...

  • Blog

Restrictionists Continue to Attack H-4 Work Authorization

September 2, 2015

Save Jobs USA—an organization comprised of IT workers who claim they lost their jobs to H-1B workers—still wants to overturn the Department of Homeland Security (DHS) rule that allows certain H-4...

  • Blog

Immigration Courts Desperately Need More Judges

August 27, 2015

Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship....

  • Blog

Government Ordered to Promptly Release Children From Family Detention

August 24, 2015

In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration...

  • Blog

Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens

August 14, 2015

This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to...

  • Blog

TPS Holders from Honduras and Nepal Sue the Trump Administration Over Terminations

February 14, 2019

With the fate of their Temporary Protected Status (TPS) in jeopardy, immigrants from Honduras and Nepal brought a class action lawsuit against the federal government this week to stop the Trump...

  • Blog

Setting the Record Straight: Asylum Seekers Show Up for Court

January 30, 2019

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention...

  • Blog

US Government to Force Migrants to Remain in Mexico and Await Their Immigration Court Hearings

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

  • Press Release

Trump Administration’s Dangerous Policy Forces Asylum Seekers to Remain in Mexico

January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
  • Blog

Trump Administration’s Immigration Proposal Is Dead on Arrival

January 22, 2019

President Trump went in front of the public on Saturday and claimed he was going to propose a “compromise” to end the ongoing government shutdown. Instead of offering a bipartisan bill that would...

  • 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...

  • Practice Advisories

Strategies and Considerations in the Wake of Pereira v. Sessions

Publication Date: 
December 21, 2018
The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. This practice advisory provides an overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure.
  • 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...

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