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

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...

  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

  • Blog

Supreme Court Rules in Favor of Expansive Immigration Detention

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

  • 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.

  • 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.

  • Press Release

The Sixth Circuit Joins Growing Majority, Rejects BIA’s Narrow Interpretation of Section 212(h)

September 25, 2014

Washington, D.C.—Wednesday, the U.S.

  • Press Release

Immigration Council Urges U.S. Department of Labor to Ensure Fairness

September 17, 2014

Washington, D.C.

  • Press Release

Groups Ask Court to Block Deportation Hearings for Children Without Legal Representation

August 1, 2014

Washington D.C. – The American Immigration Council, American Civil Liberties Union, Northwest Immigrant Rights Project, Public

  • Press Release

Groups Sue Federal Government over Failure to Provide Legal Representation for Children

July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
  • Press Release

District Court Rules Grant of TPS Is an Admission for Adjustment of Status Purposes

June 5, 2014

Washington, D.C.–The American Immigration Council welcomes last week’s ruling by the United States District Court for the

  • Press Release

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

  • Press Release

Federal Judge Enjoins Key Provisions of South Carolina’s Immigration Law

December 22, 2013

Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M.

  • Press Release

Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

  • Press Release

Survey of Hundreds of Organizations Shows Extent of Community-Based Support for People Navigating the U.S. Immigration System

March 1, 2021
A new publication provides a snapshot of the extent of available services that help migrants navigate the complexities of the U.S. immigration system.
  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking...

  • 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...
  • Practice Advisories

Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case

Publication Date: 
February 19, 2021
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the APA. It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.
  • Blog

In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public

February 18, 2021

The Second Circuit has found that the Board of Immigration Appeals (BIA) must publish immigration decisions, reversing an earlier federal district court decision. The case challenged the...

  • Letters

Coalition Letter on Continued Issues in Immigration Courts During COVID-19 Pandemic

Publication Date: 
February 1, 2021
The American Immigration Council urged the Biden administration to address the ongoing impact of the COVID-19 pandemic on immigration courts that continue to place everyone's health at risk during...
  • Letters

Coalition Letter to President Biden on Justice Department Reform of Immigration Courts and Enforcement Priorities

Publication Date: 
February 1, 2021
The American Immigration Council joined AILA and other organizations in calling for vital reforms to ensure fairness and integrity in the immigration courts and the enforcement system.
  • Letters

Coalition Letter on COVID-19 to Domestic Policy Council and Executive Office of Immigration Review

Publication Date: 
February 1, 2021
The American Immigration Council, sent a letter to the White House Domestic Policy Council and the Executive Office for Immigration Review (EOIR) letter raising major concerns about the ICE and EOIR...
  • Blog

Immigrants Appear for Their Court Hearings, New Data Shows

January 28, 2021

Do most immigrants show up for their immigration court hearings? A new report released by the American Immigration Council reveals that the answer to this question is a clear “Yes.” As the Biden...

  • 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.

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