Due Process and the Courts

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

  • FOIA

Access to Counsel Before USCIS FOIA

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before United States Citizenship and...

  • Advocacy

Petition for Rulemaking to Amend Regulations Governing Motions to Reopen and Reconsider Removal Proceedings for Noncitizens Who Depart the United States (submitted Aug. 6, 2010)

The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.
  • Advocacy

Petition Comments to the DOJ/EOIR regarding the “Retrospective Regulatory Review” (submitted Nov. 27, 2012)

The Council, in collaboration with AILA, inter alia, urged EOIR to amend regulations pertaining to telephonic and video hearings (see page 4).
  • Advocacy

Comments on the Immigration Adjudication Draft Report by the Administrative Conference of the United States (ACUS) (submitted Feb. 13, 2012)

The Council commented on several issues addressed by the draft report, including video hearings (see page 4). ACUS’s draft report and the final recommendations, included that EOIR should consider more systemic assessments of the use of video hearings.
  • Advocacy

Letter by the Council and AILA urging USCIS to address reports of widespread and recurrent restrictions on access to counsel. (Mar. 24, 2011)

In this March 24, 2011 letter, the Council and AILA urged USCIS to address reports of widespread and recurrent restrictions on access to counsel. These restrictions, documented in a nation-wide survey (http://www.aila.org/infonet/final-results-attorney-representation-before-dhs) of immigration attorneys, included limitations on attorneys’ ability to communicate with their clients, restrictions on attorney seating during USCIS interviews, and limitations on attorneys’ ability to submit documents to the interviewing officer.
  • Advocacy

Council and AILA comments to the DOJ/EOIR regarding the “Retrospective Regulatory Review” (Nov. 27, 2012)

Pertaining to regulations on motions to reopen, stays of removal, bond hearings, telephonic and video hearings, filing and service of documents and decisions, and stipulated removal orders.
  • Advocacy

Comments on the Immigration Adjudication Draft Report by the Administrative Conference of the United States (ACUS) (Feb. 13, 2012)

Addressing representation, stipulated removal orders , prosecutorial discretion, video hearings, and the asylum clock.
  • Advocacy

Testimony submitted to the Senate Judiciary Committee for May 18, 2011 hearing, “Improving Efficiency and Ensuring Justice in the Immigration Court System.”

Addressing access to counsel, effective assistance of counsel, protections for noncitizens lacking mental competency, the employment authorization employment clock, and the departure bar to motions to reopen.
  • Advocacy

Letter to DOJ in response to request for comments regarding the Department’s review of its existing regulations (Mar. 31, 2011)

Regarding the departure bar to motions to reopen, ineffective assistance of counsel, fair removal procedures for noncitizens with mental disabilities, and asylum clock problems.
  • Advocacy

Comments on EOIR’s proposed rule on streamlining BIA cases (Aug. 18, 2008)

Addressing the BIA's affirmance without opinion process, three-member panel decisions, and precedent decisions, as well as exhaustion of administrative remedies and the scope of administrative review
  • Blog

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records

June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

  • Blog

Board of Immigration Appeals’ Restructuring and Hiring Plan Reveals Anti-Immigrant Bias

May 28, 2020

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question....

  • Blog

Board of Immigration Appeals Green Lights Major Errors on Notice to Appear Forms

May 12, 2020

The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has...

  • Blog

ICE Faces Lawsuit Over Blocking Phone Access to Detainees

May 4, 2020

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet...

  • Blog

Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation

April 24, 2020

In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr,...

  • Blog

It’s Time to Close the Immigration Courts

April 1, 2020

As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention...

  • Blog

The Department of Justice is Restructuring Immigration Courts in Secret

March 17, 2020

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency...

  • Blog

Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally

March 3, 2020

The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S....

  • Blog

Supreme Court Rules Parents of Slain Teenager Can’t Sue Border Patrol Agent Responsible for His Death

March 2, 2020

The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the...

  • Press Release

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

December 29, 2014

Washington D.C. - Today, immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an

  • Press Release

U.S. District Court in D.C. Hears First Arguments Against Executive Action on Immigration

December 22, 2014

Washington D.C. - Today, the U.S.

  • Press Release

U.S. District Court in D.C. Hears First Arguments Against Executive Action on Immigration

December 22, 2014

Washington D.C. - Today, the U.S.

  • Press Release

The Sixth Circuit Joins Growing Majority, Rejects BIA’s Narrow Interpretation of Section 212(h)

September 25, 2014

Washington, D.C.—Wednesday, the U.S.

  • Press Release

Immigration Council Urges U.S. Department of Labor to Ensure Fairness

September 17, 2014

Washington, D.C.

  • Press Release

Groups Ask Court to Block Deportation Hearings for Children Without Legal Representation

August 1, 2014

Washington D.C. – The American Immigration Council, American Civil Liberties Union, Northwest Immigrant Rights Project, Public

  • Press Release

Groups Sue Federal Government over Failure to Provide Legal Representation for Children

July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
  • Press Release

District Court Rules Grant of TPS Is an Admission for Adjustment of Status Purposes

June 5, 2014

Washington, D.C.–The American Immigration Council welcomes last week’s ruling by the United States District Court for the

  • Press Release

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

  • Press Release

Federal Judge Enjoins Key Provisions of South Carolina’s Immigration Law

December 22, 2013

Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M.

  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • Practice Advisories

FOIA for Immigration Lawyers

May 19, 2021
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
  • Letters

Coalition Letter Urges Biden Administration to End Migrant Protection Protocols

May 18, 2021
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP.
  • Blog

First Round of Biden Immigration Judges Fails to Increase Diversity

May 13, 2021

The Biden administration announced its first round of immigration judge appointments on May 6. Unfortunately, the immigration court appointments do not show the commitment to diversity that ...

  • Blog

Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland

April 30, 2021

The U.S. Supreme Court ruled this week in Niz-Chavez v. Garland that immigration law requires the government to give noncitizens complete notice about the initiation of their immigration court...

  • Blog

The Supreme Court Makes It Harder for Immigrants to Fight Deportation

March 5, 2021

The U.S. Supreme Court published a new decision on March 4 that will make it harder—if not impossible—for many longtime immigrants to fight deportation. The case, Pereida v. Wilkson, abandons...

  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking...

  • Fact Sheet

Community Support for Migrants Navigating the U.S. Immigration System

February 26, 2021
This fact sheet draws from original data gathered from hundreds of community-organizations around the country and provides a snapshot of the extent of available services that help migrants navigate...
  • Practice Advisories

Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case

February 19, 2021
This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the APA. It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.
  • Blog

In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public

February 18, 2021

The Second Circuit has found that the Board of Immigration Appeals (BIA) must publish immigration decisions, reversing an earlier federal district court decision. The case challenged the...

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