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.

  • Special Report
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

Here’s What Happened Inside the Supreme Court During the Travel Ban Arguments

April 26, 2018

The Supreme Court heard arguments on Wednesday in Trump v. Hawaii, one of several cases challenging President Trump’s third travel ban. After two earlier travel bans were partially or fully struck...

  • Blog

Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

  • Blog

Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

April 23, 2018

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that...

  • Blog

The Supreme Court Strikes Down Vague Deportation Law

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

  • Blog

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

  • Blog

Immigration Judge Quotas Could Result in Assembly Line Justice

April 4, 2018

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to...

  • Blog

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

  • Blog

Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

February 27, 2018

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for...

  • Blog

Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement

February 13, 2018

President Trump released his formal budget request to Congress for Fiscal Year (FY) 2019, which doubles down on his aggressive immigration enforcement agenda. The proposed budget seeks to fund the...

  • Blog

In a Decision Strongly Rebuking ICE, Court Orders the Release of Ravi Ragbir

January 30, 2018

  Following the contentious arrest of immigrant activist Ravi Ragbir, a federal district court ordered his immediate release from Immigration and Customs Enforcement detention on Monday. The...

  • Blog

Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand

September 9, 2019

The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty....

  • Blog

Tent Immigration Courthouses Are Being Built at the Texas Border

August 29, 2019

Immigration judges from across the country will soon be reassigned from their normal caseload to  preside over thousands of immigration cases along the U.S.-Mexico border, reportedly in an effort...

  • Blog

DOJ Moves to Further Politicize Immigration Court System

August 27, 2019

The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a...

  • Blog

Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap

August 19, 2019

A federal appeals court in California ruled on Thursday that immigrant children must receive edible food, clean water, soap, and toothpaste while being detained by U.S. immigration authorities....

  • Blog

Trump Administration Moves to ‘Disband and Destroy’ Immigration Judges Union

August 12, 2019

Immigration judges around the country are denouncing the Trump administration’s latest move to “disband and destroy” their union. The judges’ union has been openly critical of the administration’s...

  • Blog

Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process

August 9, 2019

In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United...

  • Blog

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

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...

  • Litigation

Challenging the Expansion of Expedited Removal

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
  • Blog

Attorney General Barr Rolls Back Asylum Protections for Families

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...

  • Fact Sheet

Immigrants and Families Appear in Court

Publication Date: 
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.

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