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

How the Immigration Court Reached a Record One Million Case Backlog

September 24, 2019

When Donald Trump took office in January 2017, the immigration courts faced a record backlog of over 542,000 cases. This month, the immigration court backlog hit a new historic high with over 1,...

  • Blog

Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand

September 9, 2019

The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty....

  • Blog

Tent Immigration Courthouses Are Being Built at the Texas Border

August 29, 2019

Immigration judges from across the country will soon be reassigned from their normal caseload to  preside over thousands of immigration cases along the U.S.-Mexico border, reportedly in an effort...

  • Blog

DOJ Moves to Further Politicize Immigration Court System

August 27, 2019

The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a...

  • Blog

Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap

August 19, 2019

A federal appeals court in California ruled on Thursday that immigrant children must receive edible food, clean water, soap, and toothpaste while being detained by U.S. immigration authorities....

  • Blog

Trump Administration Moves to ‘Disband and Destroy’ Immigration Judges Union

August 12, 2019

Immigration judges around the country are denouncing the Trump administration’s latest move to “disband and destroy” their union. The judges’ union has been openly critical of the administration’s...

  • Blog

Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process

August 9, 2019

In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United...

  • Blog

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

  • Blog

Attorney General Barr Rolls Back Asylum Protections for Families

July 31, 2019

Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new...

  • Blog

Appeals Court Decision Means Hundreds of Migrants Were Unlawfully Convicted

July 26, 2019

The Ninth Circuit Court of Appeals issued a decision clarifying limits on when federal prosecutors can charge immigrants with illegal entry and reentry into the United States this week.  Under...

  • Press Release

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

  • Press Release

The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision

March 29, 2012

Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v.

  • Press Release

En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.

January 30, 2012

Washington, D.C.- Today, an en banc panel of the U.S.

  • Press Release

USCIS Takes Steps to Improve Noncitizens’ Access to Legal Counsel

January 19, 2012

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration age

  • Press Release

LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States

December 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Cir

  • Press Release

Lawsuits Filed Against Department of Homeland Security Seek Greater Transparency

November 9, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) this week filed two lawsuits

  • Press Release

Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest

August 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigra

  • Press Release

BIA Provides Important But Incomplete Guidance on Mental Competency Issues

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

  • Press Release

Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts

May 18, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for con

  • Press Release

Federal Court Decision Protects H-1B Employees from Wrongful Arrest

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

  • Blog

The Value of Pro Bono Legal Services in Immigration Detention

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

  • Blog

Department of Justice Eliminates Diversity and Inclusion Training for All Immigration Judges

October 13, 2020

At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for...

  • Fact Sheet

The Difference Between Asylum and Withholding of Removal

October 6, 2020
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on...
  • Blog

New Data Disproves Trump Administration’s Push to End Administrative Closure

September 16, 2020

The Trump administration’s justification for ending administrative closure is on thin ice. A new report casts doubt on key arguments presented in a proposed regulation that would end the practice...

  • Blog

Ninth Circuit Court Allows Trump’s Plan to End Temporary Protected Status to Go Forward

September 14, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that the Trump administration’s termination of Temporary Protected Status (TPS) for four countries can proceed. The fate of nearly 250...

  • Blog

ICE Makes It Almost Impossible for People to Make Phone Calls from Detention Centers, Even in a Pandemic

August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

  • Practice Advisories

Requesting Attorneys' Fees Under the Equal Access to Justice Act

August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.
  • Blog

Legal Victory Brings Hope to Asylum Seekers Turned Away at the Border

August 12, 2020

Asylum seekers got a major win in a lawsuit challenging the Department of Homeland Security’s (DHS) illegal policy of turning back asylum seekers at ports of entry. In Al Otro Lado v. Wolf, a...

  • Blog

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread

August 4, 2020

As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil. The Executive Office for Immigration Review (“EOIR”) initially...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

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