Due Process and the Courts

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

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.

READ MORE

All Due Process and the Courts Content

  • 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...

  • 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...

  • 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

Appeals Court Decision Means Hundreds of Migrants Were Unlawfully Convicted

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...

  • Blog

California Judge Blocks Implementation of Trump’s New Asylum Rule

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...

  • Blog

Advocates Seek Information About a Secretive Program That Fast-Tracks Deportations

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...

  • Blog

Census Bureau Asked 250,000 Households About Their Citizenship Status, Despite Court Ruling

July 17, 2019

Despite losing at the Supreme Court, the Trump administration still managed to ask nearly a quarter of a million U.S. households about the citizenship status of their household members. That’s...

  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • Blog

Cutting Interpreters From Immigration Court Risks Due Process

July 12, 2019

Every day, hundreds of non-English speaking immigrants show up to court for initial hearings where they will see an immigration judge for the first time. But due to a new policy, many immigrants...

  • Blog

A New EOIR Rule Expands Powers of the Board of Immigration Appeals and Attorney General

July 9, 2019

The Executive Office for Immigration Review (EOIR) issued a final rule last week that expands the authority of the Board of Immigration Appeals (BIA) and Attorney General William Barr when...

  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Despite Trump Administration’s Efforts

July 3, 2019

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have...

  • Blog

What Happens to Dreamers Now That the Supreme Court Is Hearing the DACA Case?

July 2, 2019

After months of speculation, last week the Supreme Court agreed to review three cases challenging the Trump administration’s decision to end Deferred Action for Childhood Arrivals (DACA). The...

  • Blog

Supreme Court Rules Against Citizenship Question on 2020 Census

June 28, 2019

In a rebuke to the Trump administration, the Supreme Court ruled against adding a question on citizenship to the 2020 U.S. Census form—for now. Critics feared the question may discourage immigrant...

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