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.  

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.

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

Digesting the Argument in U.S. v. Texas: What Is Lawful Presence and Why Does It Not Mean What It Sounds Like?

April 19, 2016

The oral argument in United States v. Texas shined a light on the confusion between the term “lawful presence” and what it means to have a legal immigration status in the United States. Early in...

  • Blog

Supreme Court Considers President’s Executive Actions on Immigration While Thousands Rally Outside

April 18, 2016

The Supreme Court heard oral arguments in United States v. Texas. While lawyers presented their arguments before the eight Justices inside, on the outside families, advocates, immigrants, faith...

  • Blog

What You Need to Know About the DAPA and Expanded DACA Case Before the Supreme Court

April 11, 2016

In the spring of 2016, the U.S. Supreme Court will consider United States v. Texas, a politically charged lawsuit about the legality of some of President Obama’s executive actions on immigration....

  • Blog

Texas and Other 25 States File Misleading Brief at Supreme Court

March 30, 2016

This week, Texas and the 25 other states challenging the President’s executive actions on immigration filed their brief with the Supreme Court in United States v. Texas. The brief attempts to...

  • Blog

District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court

March 25, 2016

A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of...

  • Blog

Judge Who Believes Toddlers Can Represent Themselves, Only Part of the Problem in the Battle over Representation for Kids

March 9, 2016

Over the past week, several media outlets reported that Assistant Chief Immigration Judge (ACIJ) Jack Weil claimed that he could teach immigration law to three- and four-year-old children such...

  • Blog

Hundreds of Groups Weigh in on Immigration Case Headed to Supreme Court

March 8, 2016

A diverse coalition of 326 immigration, civil rights, labor, and social service groups filed an amicus (friend-of-the-court) brief with the U.S. Supreme Court today in United States v. Texas,...

  • Blog

Obama Administration Files Brief in Immigration Case at Supreme Court

March 3, 2016

This week, the Obama Administration filed its brief with the Supreme Court in United States v. Texas, the case where Texas and 25 other states are challenging the President’s executive action on...

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

Government Shuts Down While Negotiations Continue on Dream Act, but Most Immigration Functions Continue

January 20, 2018

With the national conversation focused squarely on Dreamers, Congress was unable to find common ground on a budget deal and has shut down the U.S. Government. Congressional leadership decided not...

  • Blog

Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings

January 18, 2018

In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before...

  • Litigation

Challenging Immigration Judges' Refusal to Conduct Bond Hearings

This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court.
  • Blog

Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts

January 16, 2018

In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board...

  • Blog

3 Things You Need to Know About DACA Developments This Week

January 10, 2018

There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately...

  • Blog

Court Rules Detained Iraqis Are Entitled to Bond Hearings

January 5, 2018

In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending....

  • Blog

Travel Ban 3.0 Developments: What You Should Know

December 8, 2017

The Supreme Court—with a 7-2 vote on Monday—gave the green light to the Trump administration’s third travel ban, allowing it to fully go into effect. In two brief orders, the Supreme Court...

  • 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...

  • 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...

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