Due Process and the Courts

The United States has long-been a beacon of hope for individuals around the world seeking protection and refuge. Our immigration policies must continue to protect those who need it. Learn more about how America can continue to provide humanitarian protection to those in times of crisis.

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 to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

July 11, 2016

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue...

  • Blog

DHS and Immigration Courts Sued Over One-Year Asylum Deadline

July 6, 2016

Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who...

  • Blog

Thousands of Children Now Covered in Access to Counsel Lawsuit

June 28, 2016

Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand...

  • Blog

Supreme Court Issues Disappointing Split Decision in United States v. Texas

June 23, 2016

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and...

  • Blog

These Anti-Immigrant Organizations Are Behind the Effort to Derail Executive Action on Immigration

June 13, 2016

The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure...

  • Blog

Judge Hanen Halts Order That Would Have Revealed Personal Information of DACA Recipients

June 7, 2016

Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and...

  • Blog

Administration Seeks to Protect DACA Recipients from Judge Hanen’s Unusual Order in Immigration Case

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

  • Blog

Latest Flores Filing Highlights Stories of Children and Mothers Unlawfully Detained by Obama Administration

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

  • Blog

Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

  • Blog

Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

April 27, 2016

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded...

  • 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...

  • 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).
  • 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...

  • 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...

  • Press Release

Federal Court Blocks Trump Administration Policy of Arbitrarily Jailing Asylum-Seekers

July 2, 2019
A federal court has blocked a Trump administration policy that categorically denies bond hearings to asylum-seekers. The policy, announced April 16 by Attorney General William Barr, targeted asylum-seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. The American Immigration Council, Northwest Immigrant Rights Project, and American Civil Liberties Union challenged the policy with the lawsuit Padilla v. ICE.
  • 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...

  • Press Release

Class Action Lawsuit Seeks to Challenge USCIS’ Failure to Respond to FOIA Requests for Immigration Case Files

June 19, 2019
A class action lawsuit challenges the Department of Homeland Security and its component agencies’ nationwide practice of failing to timely respond to requests for immigration files under the Freedom of Information Act.

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