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

Judge Grants Temporary Reprieve From Deportation to Indonesians Fearing Religious Persecution

November 29, 2017

After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal...

  • Legal Resources and Litigation

Statement for the House Committee on the Judiciary, Subcommittee on Immigration and Border Security on "Oversight of the Executive Office for Immigration Review"

November 1, 2017
The statement addresses immigration court backlogs, the detailing of immigration judges to border facilities, detention policies, asylum-free zones, unaccompanied alien child definitions, and other challenges that are currently undermining due process within the immigration courts.
  • Blog

Court Requires Defense Department to Remove Hurdles to Citizenship for Army Reserve Soldiers

October 31, 2017

In a sweeping decision, a federal judge ruled the U.S. Department of Defense (DOD) could not continue to prevent approximately 2,000 noncitizen Army Reserve soldiers from applying for citizenship...

  • Blog

Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds

October 20, 2017

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the...

  • Blog

President Trump’s Travel Ban Blocked by Courts yet Again

October 18, 2017

Only hours before President Trump’s third travel ban was set to go into effect Tuesday night, it was halted by the same federal court in Hawaii that stopped the second version of the travel ban in...

  • Blog

DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’

October 13, 2017

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial...

  • Blog

Attorney General Sessions Attacks Asylum Seekers and Calls for More Fast-Track Deportations

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

  • Blog

Supreme Court Likely to Decide Constitutionality of Immigration Detention Without Bond

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

  • Blog

Travel Ban 3.0: What You Need To Know

September 25, 2017

Just as the Trump administration’s 90-day ban on travel from six Muslim-majority countries was set to expire, it announced the third version of its travel ban Sunday evening. This latest version...

  • Blog

States and NGOs Sue Trump Administration Over DACA Termination

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

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