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).
Challenging Immigration Judges’ Refusal to Conduct Bond Hearings
This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court. Read More
Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts
In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board of Immigration Appeals, which hears appeals from immigration courts nationwide. Sessions referred the case to himself after an immigration… Read More
Immigration Justice Campaign and Rocky Mountain Immigrant Advocacy Network Announce New Partnership
The Immigration Justice Campaign (Justice Campaign), a joint initiative between the American Immigration Lawyers Association (AILA) and the American Immigration Council (Council), and the Rocky Mountain Immigrant Advocacy Network (RMIAN), located in Westminster, Colorado, announce their partnership to increase pro bono representation for individuals in immigration detention in Colorado. Read More
3 Things You Need to Know About DACA Developments This Week
There has been a flurry of activity around finding a long-term solution for Dreamers this week. All three branches of government have engaged in these head-spinning developments, ultimately underscoring the need for an urgent fix for Deferred Action for Childhood Arrivals (DACA) recipients. In September, the administration ended the… Read More
Court Rules Detained Iraqis Are Entitled to Bond Hearings
In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending. Many of the Iraqis were swept up in a massive enforcement action in June 2017 and have… Read More
Travel Ban 3.0 Developments: What You Should Know
The Supreme Court—with a 7-2 vote on Monday—gave the green light to the Trump administration’s third travel ban, allowing it to fully go into effect. In two brief orders, the Supreme Court temporarily lifted injunctions from federal courts in Hawaii and Maryland that had prevented the Trump administration… Read More
Judge Grants Temporary Reprieve From Deportation to Indonesians Fearing Religious Persecution
After being lured to participate in an Immigration and Customs Enforcement (ICE) initiative that promised a reprieve from deportation, 51 Indonesian nationals suddenly were at risk for removal once again when the government agency decided to abruptly terminate the program. But on Monday, a federal district court judge in Boston… Read More
Court Requires Defense Department to Remove Hurdles to Citizenship for Army Reserve Soldiers
In a sweeping decision, a federal judge ruled the U.S. Department of Defense (DOD) could not continue to prevent approximately 2,000 noncitizen Army Reserve soldiers from applying for citizenship. The case centers on the treatment of noncitizen soldiers who benefited from the Military Accessions Vital to the National Interest… Read More
Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds
Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life… Read More
President Trump’s Travel Ban Blocked by Courts yet Again
Only hours before President Trump’s third travel ban was set to go into effect Tuesday night, it was halted by the same federal court in Hawaii that stopped the second version of the travel ban in March. In his order, Judge Watson found that President Trump had gone… Read More
Make a contribution
Make a direct impact on the lives of immigrants.
