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

The Battle Over Birth Certificates in Texas

October 20, 2015

In May, a group of undocumented parents, represented by South Texas Civil Rights Project and Texas Rio Grande Legal Aid, filed a lawsuit against the State of Texas for denying their children, born...

  • Blog

Immigration Courts Have New Rules Governing Legal Representation Processes

September 24, 2015

Last week, the Executive Office for Immigration Review (EOIR) announced changes to the regulations governing legal representation in immigration court and at the Board of Immigration Appeals (BIA...

  • Blog

Restrictionists Continue to Attack H-4 Work Authorization

September 2, 2015

Save Jobs USA—an organization comprised of IT workers who claim they lost their jobs to H-1B workers—still wants to overturn the Department of Homeland Security (DHS) rule that allows certain H-4...

  • Blog

Immigration Courts Desperately Need More Judges

August 27, 2015

Although this year’s presidential primary contests are dominated by the topic of immigration, the focus is on politically charged, hot-button issues like border walls and birthright citizenship....

  • Blog

Government Ordered to Promptly Release Children From Family Detention

August 24, 2015

In a decision issued Friday, a district court in California ruled yet again that the government is violating a long-standing settlement agreement protecting the rights of children in immigration...

  • Blog

Court Issues Decision in Washtech, Case Challenging Training for U.S.-Educated Noncitizens

August 14, 2015

This week, a federal district court issued a decision in Washtech (Washington Alliance of Technology Workers v. DHS), a lawsuit brought, in part, by the Immigration Reform Law Institute, to...

  • Blog

Immigrant Children Without Attorneys are Still Being Ordered Deported

August 13, 2015

It would seem to be a simple matter of conscience that no child should ever stand before a judge without having an attorney as an advocate. Younger children in particular may not even understand...

  • Blog

Court Finds Federal Officers Can be Sued for Mistreatment of Immigrants in Detention

July 29, 2015

The Court of Appeals for the Second Circuit ruled last month that eight immigrant men who were detained under extremely punitive conditions in maximum security facilities following 9/11, could...

  • Blog

Story of Unaccompanied Child Underscores Importance of Legal Representation Needed for All Refugee Children

July 28, 2015

Elvis Garcia is a migration counselor at the Catholic Charities Community Services of New York. He is also a former unaccompanied child who fled from his native Honduras in 2005 when he was 15...

  • Blog

Judge’s Order in Flores Should Signal the End of Family Detention

July 27, 2015

A federal judge issued an order in the Flores case that should go a long way to ending the government’s practice of detaining children and their mothers in unlicensed, secure facilities in Dilley...

  • 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...

  • Press Release

Federal Court Grants Nationwide Class Status in Suit to Protect Asylum Seekers

January 12, 2017
A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries.
  • 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

California District Court Says Immigrants Ability to Pay Should Influence Bond Decisions

December 7, 2016

Unlike in criminal court, where those charged with a crime often hire bail bondsmen and consequently only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and...

  • Blog

Supreme Court Considers Challenge to Detention of Immigrants Without Bond Hearings

December 1, 2016

The Supreme Court heard arguments this week in what may be the most important immigration case on its docket this fall, Jennings v. Rodriguez. The case, which began as a class action filed in...

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