Due Process and the Courts

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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.

  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

The complaint outlines systemic due process concerns around unprofessional behavior by immigration judges and troubling court practices in El Paso.

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

D.C. Circuit Hears Case Seeking Records Regarding Immigration Judge Misconduct

February 23, 2016

Last Tuesday, the District of Columbia Circuit Court of Appeals heard oral arguments in a case filed by the American Immigration Lawyers Association (AILA), which seeks the disclosure of...

  • Blog

What Does Justice Scalia’s Death Mean for United States v. Texas, the DAPA/DACA Case?

February 19, 2016

Earlier this week, Supreme Court Justice Antonin Scalia passed away at the age of 79. The unexpected death of the then longest serving member on the Court means there is a vacancy on the nine-...

  • Blog

What’s Next in the Supreme Court Case on Expanded DACA and DAPA?

January 20, 2016

This week, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President’s deferred action initiatives announced in...

  • Blog

Supreme Court Will Review DACA/DAPA Case

January 19, 2016

Today, the Supreme Court decided to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives—DAPA and expanded DACA...

  • Blog

Court Says Class Action Challenging Abusive Conditions in Hieleras Can Move Forward

January 13, 2016

A federal court in Tucson, Arizona held that U.S. Customs and Border Protection (CBP) must answer allegations of horrific conditions experienced by...

  • Blog

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

  • Blog

Operation Streamline: Ten Years of Criminalizing Immigrants

December 15, 2015

For the last 10 years, in federal courts across the Southwest border, the federal government has systematically prosecuted unlawful border crossers in group hearings with little-to-no due process...

  • Blog

Giving the Immigration Facts a Fighting Chance

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

  • Blog

Diverse Coalitions Urge Supreme Court to Hear Case on Executive Action

December 11, 2015

Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals...

  • Blog

Texas Sues Federal Government Again, This Time Over Refugees

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

  • Litigation

Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy

We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
  • Practice Advisories

Notices to Appear

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
  • Blog

Congress Members and Others Argue Against Turning Back Asylum Seekers

February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

  • Blog

Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

February 25, 2019

In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is...

  • Blog

Blueprint for Overhauling Immigration Courts Released Through FOIA

February 21, 2019

A FOIA request has forced the Executive Office for Immigration Review (EOIR) to produce its comprehensive plan for reducing the immigration court backlog. Though partially redacted, the aim of the...

  • Blog

TPS Holders from Honduras and Nepal Sue the Trump Administration Over Terminations

February 14, 2019

With the fate of their Temporary Protected Status (TPS) in jeopardy, immigrants from Honduras and Nepal brought a class action lawsuit against the federal government this week to stop the Trump...

  • Blog

Setting the Record Straight: Asylum Seekers Show Up for Court

January 30, 2019

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention...

  • Blog

US Government to Force Migrants to Remain in Mexico and Await Their Immigration Court Hearings

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

  • Press Release

Trump Administration’s Dangerous Policy Forces Asylum Seekers to Remain in Mexico

January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
  • Blog

Trump Administration’s Immigration Proposal Is Dead on Arrival

January 22, 2019

President Trump went in front of the public on Saturday and claimed he was going to propose a “compromise” to end the ongoing government shutdown. Instead of offering a bipartisan bill that would...

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