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.

All Due Process and the Courts Content

  • Blog

Judge Hanen Halts Order That Would Have Revealed Personal Information of DACA Recipients

June 7, 2016

Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and...

  • Blog

Administration Seeks to Protect DACA Recipients from Judge Hanen’s Unusual Order in Immigration Case

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

  • Blog

Latest Flores Filing Highlights Stories of Children and Mothers Unlawfully Detained by Obama Administration

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

  • Blog

Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

  • Blog

Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

April 27, 2016

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded...

  • Blog

Immigration Court Backlog Shows No Sign of Shrinking

April 22, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 486,206 cases in the...

  • Blog

What Are the Next Steps at the Supreme Court in U.S. v. Texas?

April 21, 2016

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final...

  • Blog

Understanding Justice Kennedy’s “Upside Down” Argument in U.S. v. Texas

April 20, 2016

By Shoba Sivaprasad Wadhia, faculty scholar and law professor at Penn State Law-University Park. On April 18, the United States Supreme Court heard oral arguments in United States v. Texas, a case...

  • 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

Three-Year-Old Immigrant Child Released After Two Years of Detention

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

  • Blog

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

August 8, 2017

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should...

  • Practice Advisories

Motions to Suppress in Removal Proceedings: A General Overview

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

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

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.
  • Blog

Massachusetts’ Highest Court Declares Immigration Detainers Are Unenforceable

July 28, 2017

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although...

  • Blog

Trump Administration Targeting Immigrant Children Is a New Low

July 27, 2017

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S...

  • Blog

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

July 24, 2017

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown....

  • Blog

Hawaii Judge Rules That Grandparents and Other Close Relatives Are Excluded from the Travel Ban

July 17, 2017

This story was updated on July 19, 2017. U.S. District Judge Derrick Watson ruled last week that “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and...

  • Blog

Supreme Court Limits Power to Revoke Naturalized Person’s Citizenship

July 13, 2017

The Supreme Court recently rejected the government’s extreme argument that any false statement given during a naturalization exam—even a misstatement that had no impact on the naturalization...

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