Due Process and the Courts
What does the constitution say about due process?
The Fifth Amendment to the Constitution says clearly that no person shall be deprived of life, liberty, or property without the due process of law. Note that this says person, not citizen, and over the years the Supreme Court has consistently ruled that the Due Process Clause applies to all people in the United States.Do non-citizens have the right to due process in the U.S.?
Yes. The Constitution guarantees due process rights to all "persons," not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court. But recent Trump administration policies that speed up deportations and limit access to legal representation make it harder for non-citizens to get their fair day in court.- Access to legal representation Access to legal counsel is an essential part of our justice system and our democracy. In the criminal justice system, anyone facing even one day in jail gets a lawyer if they can't afford one. But immigrants facing deportation usually don't get that chance.The research is clear – the most effective way to ensure some level of due process for people navigating our complicated immigration system is for them to have trained attorney at their side. But Trump administration is now working to strip attorneys from as many people as possible, all in the name of increasing its deportation numbers. This attempt to eliminate basic due process will hurt people who already have few options.
- Fair day in court Due process guarantees that individuals have the opportunity to defend themselves in court. This includes non-citizens facing deportation.
Why is due process important?
We are seeing right now the importance of due process when it comes to President Trump's actions to carry out the so-called Alien Enemies Act, a 1798 wartime law that permits people to be deported outside of the normal framework of immigration law. President Trump has alleged that this law allows him to simply point at any person, declare them to be an alien enemy, and kick them out of the country without ever having a chance to see a judge. Thankfully, the Supreme Court said that is not true, and in a unanimous decision, ruled that people can challenge the Trump administration's invocation of the Alien Enemies Act. That is why due process is so important, because it means that no person can be rounded up and sent to another country without a chance to go to court and make the government prove their case.How is the American Immigration Council working to protect due process?
- We serve thousands of individuals in immigration detention centers through the Immigration Justice Campaign, our initiative with the American Immigration Lawyers Association. The Justice Campaign provides free legal services for immigrants who would otherwise have to navigate our complicated immigration system without a lawyer.
- We use the courts to demand a fair process for immigrants. Our litigation team is fighting back against the Trump administration’s blatant disregard for due process including filing a lawsuit challenging their illegal detention of immigrants in El Salvador’s notorious Terrorism Confinement Center (CECOT).
Federal Court Blocks Trump Fast-Track Deportation Policy
A federal court has blocked a Trump administration policy that sought to massively expand fast-track deportations without a fair legal process such as a court hearing or access to an attorney. The American Immigration Council, the American Civil Liberties Union, and Simpson Thacher & Bartlett LLP sought the preliminary injunction, which was granted close to midnight on Friday by U.S. District Judge Ketanji Brown Jackson. Read More
How the Immigration Court Reached a Record One Million Case Backlog
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 1,000,000 cases. Driven by new Trump administration immigration court policies and the growth in the number… Read More
Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand
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. This is what they’ve faced since the Trump administration sent them back to Mexico as part of the “Remain… Read More
Tent Immigration Courthouses Are Being Built at the Texas Border
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 to speed up hearings under the controversial “Remain in Mexico” program. To handle the cases faster, the Trump administration is… Read More
DOJ Moves to Further Politicize Immigration Court System
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 Trump political appointee—the power to adjudicate cases and appeals. Described as a “wolf in sheep’s clothing,” the rule turns the immigration… Read More
Federal Court Rules Detained Immigrant Children Must Receive Clean Water, Edible Food, and Soap
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. The decision came from a three-judge panel for the Ninth Circuit Court of Appeals in San Francisco. The panel dismissed the Trump… Read More
Trump Administration Moves to ‘Disband and Destroy’ Immigration Judges Union
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 immigration enforcement agenda. The Department of Justice (DOJ) filed a petition to the Federal Labor Relations Authority on… Read More
Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process
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 States together without authorization. The program is intended to discourage Central American families from coming to the United States by quickly… Read More
Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit
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 across the United States could be deported within hours of being picked up by immigration officers, with no opportunity to see a judge… Read More
Groups Sue Trump Administration Over Fast-Track Deportations
The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney. Read More
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