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

Appellate Court Hears Oral Argument in Texas v. United States

July 13, 2015

Last week, the Fifth Circuit Court of Appeals in New Orleans heard oral argument in the most closely watched immigration case in years, Texas v. United States. This is a case brought by Texas and...

  • Blog

U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported

July 2, 2015

Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit...

  • Blog

U.S. Settles With 4-Year-Old U.S. Citizen They Wrongfully Deported

July 2, 2015

Some say the wheels of justice turn slowly; however, when justice is finally delivered it is sweet. After more than two years of litigation, the U.S. government has agreed to settle a lawsuit...

  • Blog

Border Patrol Criminally Prosecuting Asylum Seekers, Government Report Finds

June 11, 2015

For years, the Border Patrol program “Operation Streamline” has criminally prosecuted asylum seekers in a terribly misguided effort to discourage them from reentering illegally again. A recent U.S...

  • Blog

Supreme Court Finds Conviction for Possession of a Sock Was Not a Deportable Offense

June 4, 2015

Earlier this week, the Supreme Court determined that the mere possession of a sock did not constitute a deportable offense in Mellouli v. Lynch. This unsurprising pronouncement serves as a first...

  • Blog

Court Rejects Restrictionists’ Attempts to Derail Work Authorization for H-4 Spouses

May 27, 2015

Despite immigration restrictionists’ efforts to derail implementation, a new rule went into effect this week allowing certain H-4 spouses (i.e., spouses of H-1B workers) to apply for work...

  • Blog

Bi-Partisan House Bill Recommends Largest Increase Ever in Immigration Judges

May 21, 2015

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The...

  • Blog

Immigration Appeals Court Reverses Position on Deportation Waivers

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

  • Blog

Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

  • Blog

Why More Immigration Judges Are Needed

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

  • Blog

Judge Orders Border Patrol to Immediately Provide Short Term Detainees with Basic Necessities

November 29, 2016

A federal judge ordered the Border Patrol to immediately cease its practice of refusing to provide basic amenities to people detained in Border Patrol holding cells in Tucson, Arizona. The judge...

  • Blog

Jeff Sessions Nomination for Attorney General is Highly Concerning to Future of Immigration Policy

November 18, 2016
Senator Sessions has led the fight against immigration reform at every turn during his 20 years in the Senate.
  • Blog

Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

November 17, 2016

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of...

  • Blog

How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan

November 16, 2016

For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from  (TRAC) record the backlog at an all-time high of 521,676 as of the end of...

  • Blog

Immigration Groups File Briefs Calling For End to Detention Without Bond

October 27, 2016

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration...

  • Fact Sheet

Public Education for Immigrant Students: Understanding Plyler v. Doe

October 24, 2016
This fact sheet provides an overview of the Supreme Court’s decision in Plyler v. Doe and subsequent efforts by states and localities to avoid compliance with the decision.
  • Blog

Federal Court Strikes Down Immigration Detainers

October 6, 2016

In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement...

  • Press Release

Groups Settle Lawsuit Challenging Failure of U.S. Customs and Border Protection to Timely Respond to FOIA Requests

October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
  • Blog

Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?

October 4, 2016

This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action...

  • Blog

Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children

September 29, 2016

In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch...

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