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.

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.

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All Due Process and the Courts Content

  • Blog

New Book Documents 10 Years of Operation Streamline

July 20, 2016

For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program,...

  • Press Release

Council Urges Prompt Appeal to the Supreme Court of Flawed Fifth Circuit Decision

July 20, 2016
In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s latest deferred action initiatives from being implemented.
  • Press Release

Immigration, Civil Rights and Labor Groups Join Legal Effort to Defend Immigration Action

July 19, 2016
Immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an amicus “friend of the court” brief in the case, State of Texas vs. United States.
  • Blog

Department of Justice Seeks Rehearing in United States v. Texas

July 18, 2016

Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas.  In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth...

  • Blog

Supreme Court to Consider Whether DHS Can Subject Noncitizens to Prolonged, Mandatory Detention

July 11, 2016

Last month, the Supreme Court announced that, in fall 2016, it will hear arguments in Jennings v. Rodriguez, a challenge to the prolonged detention of noncitizens in removal proceedings. At issue...

  • Press Release

Fifth Circuit Finds Motions to Reopen Can Be Equitably Tolled

July 10, 2016
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding.
  • Press Release

Court Again Rules Against Federal Government's Efforts to Detain Children

July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
  • Blog

DHS and Immigration Courts Sued Over One-Year Asylum Deadline

July 6, 2016

Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who...

  • Press Release

Lawsuit Seeks to Shed Light on Customs and Border Protection's Complaint Process

July 6, 2016
he American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act to compel the release of additional documents related to the complaints process at United States Customs and Border Protection.
  • Press Release

Asylum Seekers File Class Action Lawsuit Against DHS

July 1, 2016
The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period.

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