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.

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.

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All Due Process and the Courts Content

  • 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

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

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...

  • 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...

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