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

The Sad State of Atlanta’s Immigration Court

March 10, 2017

The Atlanta immigration court is known as one of the worst places to be in deportation proceedings. For years, the judges have been accused of abusive and unprofessional practices and the denial...

  • Blog

Supreme Court Hears Case on Shooting of Sergio Hernandez by U.S. Border Patrol Agent

February 22, 2017

Officers with U.S. Customs and Border Protection (CBP)—the federal agency which includes the Border Patrol—are rarely held accountable for their actions. Nowhere is this more apparent than in the...

  • Blog

Five Important Points Made by the Court That Rejected the Muslim Ban

February 10, 2017

The Ninth Circuit Court of Appeals sent some strong messages to the President: he cannot shield himself from court review by claiming “national security;” he may only set policies that are...

  • Blog

Federal Appeals Court Says Muslim Ban Stays on Hold

February 9, 2017

The Ninth Circuit Court of Appeals denied the federal government’s emergency request to lift the temporary restraining order halting the implementation of President Trump’s travel ban.  The Court...

  • Blog

Attorney General Sessions’ First Orders of Business on Immigration

February 9, 2017

Jeff Sessions was confirmed as Attorney General this week by a vote of 52-47, following a very contentious confirmation process. As Attorney General and head of the Department of Justice (DOJ),...

  • Blog

New Immigration Court Directive Could Weaken Due Process

February 3, 2017

The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts...

  • Blog

Meet the Plaintiffs Challenging the Discriminatory Nature of President Trump’s Muslim Ban

January 31, 2017

The fallout continues from last week’s immigration executive order, which has been coined the “Muslim Ban.” Several lawsuits have been filed to challenge the executive order, including Ali v....

  • Blog

Supreme Court Weighs Challenge to Vague Grounds of Deportation

January 19, 2017

Determining when an immigrant who has been convicted of a crime can be deported is a feat that has been described by federal judges as “far from clear,” “dizzying,” and “labyrinthine.” There is no...

  • Blog

Jeff Sessions Affirms Anti-Immigrant Views at Confirmation Hearing

January 12, 2017

Senator Jeff Sessions, who has been nominated to be Attorney General by President-elect Donald Trump, endured a 10-and-a-half-hour confirmation hearing this week where he answered questions on a...

  • Blog

Asylum Free Zones in the U.S. Examined by Inter-American Commission

December 20, 2016

Entire jurisdictions in the United States have become so hostile to asylum seekers and their representatives that the U.S. government, and its immigration court system, is failing to deliver on...

  • Blog

Disarray in Baltimore Immigration Court Is Emblematic of Systemic Issues

October 12, 2018

Overwhelmed immigration courts and massive court backlogs have long been a nation-wide problem. Hearings are regularly scheduled years in advance—in some jurisdictions, judges are scheduling...

  • Blog

As Immigration Court Quotas Go Into Effect, Many Call For Reform

October 1, 2018

On October 1, immigration judges around the country will arrive at work and face a daunting new task; complete 700 removal cases in the next year or risk official sanction. The new court quotas...

  • Blog

Which Immigration Cases Will the Supreme Court Hear This Term?

September 28, 2018

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s...

  • Blog

Sessions Limits Immigration Judges’ Ability to Dismiss Deportation Cases

September 26, 2018

In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to...

  • Blog

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

September 11, 2018

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed...

  • Blog

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

  • Blog

Brett Kavanaugh’s Record on Immigration Raises Questions

September 5, 2018

President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer...

  • Blog

Federal Judge Allows DACA Renewals to Continue for Now

September 4, 2018

This week will mark the one-year anniversary of President Trump’s announcement ending the Deferred Action for Childhood Arrivals (DACA) initiative. Yet, defenders and recipients of DACA are...

  • Blog

Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

August 21, 2018

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread...

  • Blog

Immigration Judges’ Union Fights for Judicial Independence

August 17, 2018

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a...

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