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.

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.

READ MORE

All Due Process and the Courts Content

  • Fact Sheet

Public Education for Immigrant Students: Understanding Plyler v. Doe

Publication Date: 
October 24, 2016
This fact sheet provides an overview of the Supreme Court’s decision in Plyler v. Doe and subsequent efforts by states and localities to avoid compliance with the decision.
  • Fact Sheet

Empty Benches: Underfunding of Immigration Courts Undermines Justice

Publication Date: 
June 17, 2016
Backlogs and delays benefit neither immigrants nor the government—keeping those with valid claims in limbo and often in detention, delaying removal of those without valid claims, and calling into...
  • Fact Sheet

Children in Immigration Court: Over 95 Percent Represented by an Attorney Appear in Court

Publication Date: 
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

  • Special Report

Defending DAPA and Expanded DACA Before the Supreme Court

Publication Date: 
April 11, 2016
This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the...
  • Fact Sheet

Taking Attendance: New Data Finds Majority of Children Appear in Immigration Court

Publication Date: 
July 29, 2014
As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently fail to appear for proceedings and thus proposed...
  • Fact Sheet

Background on Judicial Review of Immigration Decisions

Publication Date: 
June 1, 2013

“Judicial review” refers to federal court review of an immigration agency decision. Some individuals whose immigration benefits applications are denied or who are ordered removed from the United...

  • Fact Sheet

Providing Noncitizens With Their Day in Court

Publication Date: 
May 15, 2013
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, immigration courts have failed to provide...
  • Special Report

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

Publication Date: 
March 19, 2013
There is a growing consensus that our immigration system must be updated. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations...
  • Fact Sheet

Prosecutorial Discretion: A Statistical Analysis

Publication Date: 
June 11, 2012
In August 2011, the Department of Homeland Security (DHS) announced that it would review more than 300,000 pending removal proceedings to identify low-priority cases meriting favorable exercises of...
  • Special Report

Falling through the Cracks

Publication Date: 
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
  • FOIA

Council Seeks Information About Access to Immigration Records in Removal Proceedings

This Freedom of Information Act (FOIA) request seeks information about the immigration courts' implementation of the Dent v. Holder decision and how ICE is complying.
  • Amicus Briefs

Amicus Brief Argues that Exclusionary Rule in Criminal Proceedings Should Apply to Evidence Related to Identity in Prosecutions for Illegal Reentry

Publication Date: 
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
  • FOIA

Investigating the Immigration Court System

This Freedom of Information Act (FOIA) request seeks to uncover information about the hiring process for the position of Assistant Chief Immigration Judge (ACIJ) and the influence of these judges over the immigration courts.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • FOIA

Seeking Information About Board of Immigration Appeals' Treatment of Motions to Reconsider

This Freedom of Information Act (FOIA) request was filed to learn more about trends in the Board of Immigration Appeal’s treatment of motions to reconsider orders of removal.
  • Amicus Briefs

Council and Partners Submit Amicus Brief to Stop the Reinstatement of the Migrant Protection Protocols

Publication Date: 
August 18, 2021
This brief highlights the court's many factual errors about MPP in its decision to reinstate the program.
  • Amicus Briefs

Council Files Amicus Brief on the Legality of Prolonged Mandatory Detention

Publication Date: 
May 27, 2021
The amicus brief in Ayom v. Garland urges the eighth circuit to affirm that mandatory detention has constitutional limits, and reject the endorsement of prolonged mandatory detention for people in removal proceedings.
  • Litigation

Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

The Council filed a federal lawsuit challenging the Trump administration’s rule that would drastically increase fees across-the-board in high-stakes immigration proceedings.
  • FOIA Litigation

Government Faces Lawsuit for Failing to Disclose Information on Expansion of Immigration Courts and Immigration Adjudication Centers

Public information about the location and expansion of these courts and centers is critically important.
  • Litigation

Stopping Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

The Council filed a lawsuit to close the immigration courts and ensure due process.
  • Practice Advisories

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

Publication Date: 
September 14, 2022
This Practice Advisory addresses who is, or who may be, the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court.
  • Practice Advisories

Immigration Lawsuits and the APA: The Basics of a District Court Action

Publication Date: 
October 4, 2021
This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action.
  • 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.
  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

Publication Date: 
August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.
  • Practice Advisories

Notices to Appear

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: A General Overview

Publication Date: 
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

Publication Date: 
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Publication Date: 
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
  • Practice Advisories

Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?

Publication Date: 
September 26, 2016
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
  • Practice Advisories

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

Publication Date: 
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
  • Blog

Law Criminalizing ‘Encouragement or Inducement’ of Immigrants to Live in the US Unlawfully Is Upheld in SCOTUS Case

July 7, 2023

Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or...

  • Blog

Is Chevron deference on the Supreme Court’s chopping block?

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

  • Blog

Supreme Court Declines to Impose New Hurdle on Immigrants Appealing their Cases

May 22, 2023

In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration...

  • Blog

What Is the Law? Under New Immigration Decision, the Answer Isn’t Always Clear

March 30, 2023

Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what...

  • Blog

Immigration Agencies Violate FOIA, Harming Immigrants and Government Transparency Alike

March 17, 2023

Immigration agencies have a problem with transparency. With an immigration system as complex as ours and Freedom of Information Act offices that are chronically underfunded, it’s no surprise that...

  • Blog

Supreme Court Pauses Oral Arguments in Title 42 Case – What’s next?

February 17, 2023

In December 2022, the Supreme Court stepped in to keep Title 42 (the pandemic health policy that has allowed the United States to carry out over 2.5 million expulsions since March 2020) in effect...

  • Blog

The Supreme Court Takes on Enforcement Priorities and Other Immigration Questions in Its 2022 – 2023 Term

November 30, 2022

The Supreme Court will tackle more hot button immigration issues in its 2022 – 2023 term. Front and center is the Biden administration’s effort to set immigration enforcement priorities. But the...

  • Blog

71% of Immigrants Win Their Cases Thanks to Pro Bono Volunteers with the Immigration Justice Campaign

October 27, 2022

Every year at the end of October, legal service providers come together to celebrate Pro Bono Week. It is a dedicated opportunity to acknowledge the amazing work that our volunteers do—work that...

  • Blog

Legal Service Providers Sue to Remove Barriers to Access to Counsel in Immigration Detention

October 13, 2022

Legal service organizations have sued U.S. Immigration and Customs Enforcement (ICE) for preventing people jailed at four immigration detention centers from having meaningful access to their...

  • Blog

DACA Is Facing a Crisis That the Senate Can No Longer Ignore

October 7, 2022

Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood...

  • Press Release

Legal Advocates to File Lawsuit Challenging the Constitutionality of Florida’s Anti-Immigrant Law

July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Press Release

U.S. Supreme Court Allows Biden Administration to End MPP

June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
  • Press Release

Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion

August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
  • Press Release

130+ Groups Release Top Five Immigration Priorities for Biden Administration’s Next Budget

August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
  • Press Release

Congress Must Ensure a Permanent Solution for Dreamers

July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
  • Press Release

AG Garland Restores Judges’ Discretion to Manage an Overburdened Docket

July 15, 2021
Attorney General Merrick Garland today restored immigration judges’ ability to administratively close deportation cases.
  • Press Release

Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures

March 19, 2020
The American Immigration Council and the American Immigration Lawyers Association filed a lawsuit Tuesday in federal court to compel the Department of Justice’s Office of Information Policy to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals Members. The lawsuit seeks to understand current hiring procedures for the BIA—the highest administrative body for interpreting and applying immigration laws—after reports came to light of anti-immigrant bias in the hiring process.
  • Press Release

Judge Grants Class-Action Status to Thousands of Immigrants Waiting for Access to Their Immigration Records

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
  • Press Release

Federal Court Blocks Trump Fast-Track Deportation Policy

September 28, 2019
A federal court has blocked a Trump administration policy that sought to massively expand fast-track deportations without a fair legal process such as a court hearing or access to an attorney. The American Immigration Council, the American Civil Liberties Union, and Simpson Thacher & Bartlett LLP sought the preliminary injunction, which was granted close to midnight on Friday by U.S. District Judge Ketanji Brown Jackson.
  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • Blog

Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected

May 22, 2024

The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores...

  • Press Release

Federal Court Temporarily Blocks Key Provision of Florida’s Anti-Immigrant SB 1718

May 22, 2024
On May 22, a federal court blocked a section of a draconian anti-immigrant law passed by Govenor Ron DeSantis's government in Florida.
  • Litigation

Challenging Iowa’s State Deportation Law

We’re suing Iowa for a new law that criminalizes anyone who has reentered the state after being deported — including children — even if that person is now authorized to be in the U.S. This is the most extreme anti-immigrant law in the state’s history.
  • Amicus Briefs

Amicus Brief to Supreme Court Asserting Judicial Review of Consular Visa Denials Available Pursuant to the Administrative Procedure Act

Publication Date: 
March 28, 2024
The American Immigration Council filed an Amicus Brief with the American Immigration Lawyers Association to challenge the government's theory that judicial review is never available when a consular officer decides to deny a visa application.
  • Blog

Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive

March 25, 2024

The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s...

  • Practice Advisories

Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews

Publication Date: 
March 22, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
  • Blog

A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants

January 31, 2024

Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured...

  • Blog

New EOIR Memo Updates Protections for Children in Immigration Court

January 18, 2024

A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment...

  • Practice Advisories

Litigation for Business Immigration Practitioners

Publication Date: 
January 8, 2024
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending