Legal System
A just and fair legal immigration system upholds due process and adherence to the rule of law, while effectively managing immigration. Our efforts work to uphold the best version of the system, holding government entities accountable for fairly enforcing policies and addressing injustices at all levels of government.
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).
Asylum Seekers Challenge Trump’s Asylum Shutdown Policy
People fleeing persecution and torture in their home countries have joined immigrant rights organizations to challenge the Trump administration’s unlawful shutdown of asylum along the U.S.-Mexico border. Read More
What’s in the 2025 House Reconciliation Bill?
Analysis of the immigration and border-related spending recommendations for reconciliation measures approved in the House Judiciary, Homeland Security, and Armed Services Committees in FY 2025. Read More
Attorneys & Advocates Discuss the Harms of the Trump Administration’s Forced Disappearances to El Salvador
Since March 15, the Trump administration has disappeared over 280 people to a notorious prison in El Salvador, the CECOT, well-known for its abusive conditions and use of torture. Read More
Lawsuit Filed After U.S. Embassy Presumes Innocent Man is a Gang Member and Separates Family Based on Tattoos
The lawsuit is on behalf of a U.S. citizen whose husband was in the final stages of obtaining his green card when the U.S. Embassy in Guatemala presumed he was a gang member and failed to consider evidence proving his innocence. Read More
El gobierno de los Estados Unidos detiene ilegalmente a padre de dos hijos en la tristemente célebre prisión salvadoreña
El Consejo Americano de Inmigración, el Proyecto Nacional de Inmigración y el Centro de Derechos Constitucionales presentaron hoy una petición de hábeas corpus enmendada en nombre del Sr. Edicson David Quintero Chacón. Read More
U.S. Government Illegally Detains Father of Two in Notorious Salvadoran Prison
The American Immigration Council, National Immigration Project, and the Center for Constitutional Rights today filed an amended habeas corpus petition on behalf of Mr. Edicson David Quintero Chacón. Read More
These Men Were Deported to El Salvador With No Due Process. Their Stories Show Why an Investigation Is Necessary
In the weeks before March 15, the Trump administration’s preparations for a major operation kicked into high gear. Venezuelan men attending routine check-ins with U.S. Immigration and Customs Enforcement ended up leaving in handcuffs. ICE agents fanned out across communities and began questioning and detaining men with tattoos. By the… Read More
Challenging Trump’s Unlawful Registration Rule
This lawsuit, filed on behalf of nonprofit organizations, challenges a DHS rule requiring noncitizens to register and carry proof or face prosecution. Read More
Trump Is Trying to Deter Us From Representing Immigrants in Court. It Won’t Work.
On March 22, the Trump administration issued a memo, directing the Attorney General and the Secretary of the Department of Homeland Security to take disciplinary and punitive action against attorneys practicing in our national courts. While the memo is broad, it takes particular aim at immigration lawyers, pro bono… Read More
Congress Approves Even More Funding for Detention, Deportation
Congress is spending tax dollars on ICE and family separation instead of what would actually fix our broken system: our overloaded courts and lack of legal pathways to residency. Read More
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