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

Supreme Court Will Review DACA/DAPA Case

January 19, 2016

Today, the Supreme Court decided to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives—DAPA and expanded DACA...

  • Blog

Court Says Class Action Challenging Abusive Conditions in Hieleras Can Move Forward

January 13, 2016

A federal court in Tucson, Arizona held that U.S. Customs and Border Protection (CBP) must answer allegations of horrific conditions experienced by...

  • Blog

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

  • Blog

Operation Streamline: Ten Years of Criminalizing Immigrants

December 15, 2015

For the last 10 years, in federal courts across the Southwest border, the federal government has systematically prosecuted unlawful border crossers in group hearings with little-to-no due process...

  • Blog

Giving the Immigration Facts a Fighting Chance

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

  • Blog

Diverse Coalitions Urge Supreme Court to Hear Case on Executive Action

December 11, 2015

Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals...

  • Blog

Texas Sues Federal Government Again, This Time Over Refugees

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

  • Blog

Will the Immigration Court Backlog Finally Go Down?

December 3, 2015

Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration...

  • Blog

Groups Urge Supreme Court to Hear Executive Action Case This Term

December 1, 2015

Today, a coalition of 224 immigration, civil rights, labor, and social service groups filed an amicus (“friend of the court”) brief, urging the Supreme Court to review the Fifth Circuit’s decision...

  • Blog

Supreme Court Considering Whether Misdemeanor Results in Automatic Deportation

November 6, 2015

Last Tuesday, the Supreme Court heard oral arguments in Torres v. Lynch, a case that provides a harsh reminder of the real life consequences of our unforgiving immigration laws. The petitioner in...

  • Blog

Appeals Court Upholds Block on Trump’s Travel Ban

May 25, 2017

In a sweeping decision issued Thursday, the Court of Appeals for the Fourth Circuit upheld a nationwide preliminary injunction against President Trump’s second Executive Order, which restricts...

  • Blog

Government Regularly Denies Access to Counsel, Groups Seek New Rules

May 25, 2017

When the White House issued its first Muslim travel ban, reports of noncitizens and citizens being held in airports’ secondary detention swirled. Individuals were being held for hours at a time...

  • Blog

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

May 18, 2017

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to...

  • Blog

Supreme Court Rejects Asylum Seekers’ Petition for Federal Court Review

April 18, 2017

The Supreme Court denied review in Castro v. Department of Homeland Security on Monday, which involves dozens of asylum-seeking mothers and children at risk of deportation. The Central American...

  • Blog

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

April 11, 2017

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand...

  • Blog

Immigrants Could Get a Second Chance in Court If Their Lawyers Give Them Bad Advice

March 31, 2017

Immigrants rely heavily on the advice of their lawyers, often times entrusting their entire livelihood on the merits of the counsel. But what happens when a lawyer gives their client bad advice,...

  • Blog

Travel Ban 2.0 Halted by Two District Judges

March 16, 2017

The Trump administration has failed in its attempt to rewrite the executive order banning individuals from targeted Muslim-majority nations in order to pass legal muster. On the eve of the new...

  • 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...

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