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

What You Need to Know About the DAPA and Expanded DACA Case Before the Supreme Court

April 11, 2016

In the spring of 2016, the U.S. Supreme Court will consider United States v. Texas, a politically charged lawsuit about the legality of some of President Obama’s executive actions on immigration....

  • Blog

Texas and Other 25 States File Misleading Brief at Supreme Court

March 30, 2016

This week, Texas and the 25 other states challenging the President’s executive actions on immigration filed their brief with the Supreme Court in United States v. Texas. The brief attempts to...

  • Blog

District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court

March 25, 2016

A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of...

  • Blog

Judge Who Believes Toddlers Can Represent Themselves, Only Part of the Problem in the Battle over Representation for Kids

March 9, 2016

Over the past week, several media outlets reported that Assistant Chief Immigration Judge (ACIJ) Jack Weil claimed that he could teach immigration law to three- and four-year-old children such...

  • Blog

Hundreds of Groups Weigh in on Immigration Case Headed to Supreme Court

March 8, 2016

A diverse coalition of 326 immigration, civil rights, labor, and social service groups filed an amicus (friend-of-the-court) brief with the U.S. Supreme Court today in United States v. Texas,...

  • Blog

Obama Administration Files Brief in Immigration Case at Supreme Court

March 3, 2016

This week, the Obama Administration filed its brief with the Supreme Court in United States v. Texas, the case where Texas and 25 other states are challenging the President’s executive action on...

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

What Does Justice Scalia’s Death Mean for United States v. Texas, the DAPA/DACA Case?

February 19, 2016

Earlier this week, Supreme Court Justice Antonin Scalia passed away at the age of 79. The unexpected death of the then longest serving member on the Court means there is a vacancy on the nine-...

  • Blog

What’s Next in the Supreme Court Case on Expanded DACA and DAPA?

January 20, 2016

This week, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President’s deferred action initiatives announced in...

  • Blog

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

  • Press Release

Court Finds Government Violating Obligations (Again) to Children in Family Detention

June 28, 2017
A U.S. District Court condemned the federal government for continuing to disregard critical protections for children in detention.
  • Blog

Who Will and Won’t Be Impacted by the Travel Ban After the Supreme Court’s Decision

June 26, 2017

The Supreme Court has decided to hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President...

  • Blog

Supreme Court Sends a ‘Dangerous Message’ by Not Finding Bush Officials Liable in Post-9/11 Abuse Case

June 21, 2017

A bare majority of the Supreme Court ruled on Monday that six former immigrants of Arab or South Asian descent—all but one of whom are Muslim—cannot sue high-level U.S. officials over policies...

  • Blog

“Immigration, Even for the President, Is Not a One-Person Show”: The Ninth Circuit Rejects Trump’s Travel Ban

June 13, 2017

Barely three weeks after the Fourth Circuit ruled that President Trump’s travel ban “drips with religious intolerance, animus, and discrimination” and thus violated the First Amendment by...

  • Blog

Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

June 8, 2017

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court...

  • Blog

President’s Tweets Dim His Prospects for Supreme Court Review of The Travel Ban Case

June 7, 2017

President Trump reignited discussion around his controversial travel ban through a series of early morning tweets on Monday, in a move legal experts say could ultimately cripple his administration...

  • Blog

The Dire State of Immigration Detention in Georgia

June 6, 2017

Recent deaths at immigration detention centers in Georgia have made one fact disturbingly clear: detainees’ rights are being violated, with life and death consequences. These tragedies are not...

  • Blog

Circuit Judge Says “Even the Good Hombres Are Not Safe”

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

  • Blog

Immigration and Customs Enforcement Continues to Inhibit Asylum Seekers’ Legal Access and Invite Litigation

June 2, 2017

Since the reintroduction of family detention under the Obama administration, abuse of the mothers and children held in these facilities has run rampant. The family detention scheme has grown...

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