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.  

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All Due Process and the Courts Content

July 18, 2016

Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas.  In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth...

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...

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...

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...

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...

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...

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...

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...

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...

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...

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

August 6, 2019
The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney.
The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
July 31, 2019

Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new...

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July 30, 2019
Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings.
July 26, 2019

The Ninth Circuit Court of Appeals issued a decision clarifying limits on when federal prosecutors can charge immigrants with illegal entry and reentry into the United States this week.  Under...

July 25, 2019

A federal judge in California blocked the implementation of a new rule yesterday that would have prevented most immigrants who arrive at the U.S. southern land border from qualifying for asylum in...

July 22, 2019
A federal appeals court ruled that asylum seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum seekers.
July 22, 2019
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court
July 19, 2019

Since the mid-1980s, immigration courts have operated the Institutional Hearing Program (IHP). The program is designed to quickly deport people serving criminal sentences. Despite how long it’s...

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