Due Process and the Courts

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Publication Date: 
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
Publication Date: 
August 23, 2021
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
Publication Date: 
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.
Publication Date: 
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...
Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
Publication Date: 
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...
Publication Date: 
July 30, 2019
Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings.
Publication Date: 
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
Publication Date: 
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.
This FOIA suit seeks to compel EOIR to provide information about the immigration courts’ practice of advancing the date of immigrants’ hearings without much notice to them or their attorneys.
Last modified: 
April 14, 2023
Publication Date: 
March 23, 2023
In this amicus brief the Council urges the Supreme Court to correct the BIA's mistake in not applying that criminal "rule of lenity" when interpreting the aggravated felony deportation ground.
November 2, 2022

The American Immigration Council joined a team of nonprofits across the country to write a letter to Office of Refugee Resettlement (ORR) Director Robin Dunn Marcos to express concern over lack of...

This Freedom of Information Act (FOIA) request seeks records from the Executive Office for Immigration Review (EOIR) about its practice of moving up the date of immigrants’ individual hearings with little to no notice to their lawyers.
This lawsuit challenges ICE's policies that have made it extremely difficult—and in many cases impossible—for people in immigration detention to access their attorneys.
These Freedom of Information Act (FOIA) requests seek records from U.S. Immigration and Customs Enforcement (ICE) and the Executive Office for Immigration Review (EOIR) about treatment of Haitian immigrants.
This Freedom of Information Act (FOIA) request seeks information about the immigration courts' implementation of the Dent v. Holder decision and how ICE is complying.
Publication Date: 
March 28, 2022
In the amicus brief filed with the Third Circuit Court of Appeals, the Council argues that the exclusionary rule in criminal proceedings should apply to evidence related to identity, because it is an essential deterrent to ICE’s widespread racially discriminatory enforcement practices.
This Freedom of Information Act (FOIA) request seeks to uncover information about the hiring process for the position of Assistant Chief Immigration Judge (ACIJ) and the influence of these judges over the immigration courts.
This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
Last modified: 
November 28, 2023
Publication Date: 
November 28, 2023

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the...

Last modified: 
October 20, 2023
Publication Date: 
June 30, 2021
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
Last modified: 
August 22, 2023
Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
Last modified: 
April 26, 2023
Publication Date: 
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.
Last modified: 
April 17, 2023
Publication Date: 
December 16, 2022
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
Last modified: 
December 16, 2022
Publication Date: 
December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
Last modified: 
December 13, 2022
Publication Date: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
Last modified: 
November 24, 2022
Publication Date: 
November 1, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
January 31, 2024

Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured...

January 18, 2024

A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment...

December 15, 2023

Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest...

September 28, 2023

After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass...

September 14, 2023

The Department of Justice has proposed a new rule to protect immigration judges’ ability to administratively close removal proceedings and control their ever-expanding dockets. The proposed rule,...

August 30, 2023

The Biden administration’s humanitarian parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) went on trial last week. The trial, held in a federal court in Texas, was the...

July 7, 2023

Written by Kelly Chauvin, Summer 2023 Legal Intern for the American Immigration Council Last month, the U.S. Supreme Court held that a section of immigration law that forbids “encourag[ing] or...

May 24, 2023

The Supreme Court has agreed to decide a case that asks the Court to overturn Chevron v. National Resources Defense Council—an influential decision that requires courts to defer to federal...

May 22, 2023

In a unanimous decision, the Supreme Court ruled last week that a transgender woman from Guatemala did not need to jump through an additional hoop—filing a new motion with the Board of Immigration...

March 30, 2023

Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what...

October 17, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
October 13, 2023
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app.
October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
September 8, 2023
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response.
July 1, 2023
The Southern Poverty Law Center, American Civil Liberties Union, ACLU of Florida, Americans for Immigrant Justice, and American Immigration Council have announced they will file a federal lawsuit challenging Florida’s draconian Senate Bill 1718, which goes into effect, July 1.
October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
June 30, 2022
The U.S. Supreme Court allows the Biden administration’s efforts to terminate the Migrant Protection Protocols—an illegal Trump-era policy that sent thousands of people seeking humanitarian protection to dangerous areas of Mexico to await their asylum hearings.
August 19, 2021
A Texas judge blocked the Biden administration’s immigration enforcement priorities. The decision was issued in a case challenging ICE’s enforcement activities outside the scope laid out in the Feb. 18 enforcement memo.
August 17, 2021
As the Biden administration begins crafting next year's budget, 131 organizations published a statement for the Biden administration outlining the top immigration priorities that must be included in the country’s budget for Fiscal Year 2023.
July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
Last modified: 
January 8, 2024
Publication Date: 
January 8, 2024
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial.
Last modified: 
November 28, 2023
Publication Date: 
November 28, 2023

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the...

Last modified: 
November 21, 2023
Publication Date: 
November 21, 2023
The American Immigration Council and nearly 90 legal service provider organizations sent a letter to ICE Acting Director Patrick Lechleitner highlighting the obstacles to attorney access that exist...
Last modified: 
November 7, 2023
Publication Date: 
November 7, 2023
The American Immigration Council and the American Immigration Lawyers Association submitted this comment in support of the proposed rule, "Appellate Procedures and Decisional Finality in Immigration...
Last modified: 
October 20, 2023
Publication Date: 
June 30, 2021
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
October 17, 2023
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app.
October 13, 2023
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app.
October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
September 8, 2023
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response.

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