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).
The Council Seeks Records on How the Government Interdicts Migrants at Sea
The American Immigration Council filed requests for records under the Freedom of Information Act (FOIA) with the U.S. Coast Guard (USCG), the U.S. Department of Homeland Security (DHS), and the U.S. Citizenship and Immigration Services (USCIS) to learn about the process migrants go through after they are interdicted by U.S. Coast Guard personnel. Read More
Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings
The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never provided them with a Notice to Appear (NTA) with the date and time of their immigration hearing. Under… Read More
Iowa Blocks Hateful Anti-Immigrant Law
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa. Read More
Biden’s Executive Action Will Not Make Border More Orderly or Secure
The U.S. government needs to be able to quickly and fairly sort out migrants who have a valid asylum claim, but instead of investing in U.S. ports of entry, immigration courts, or more options for legal migration, the order focuses on harsh and arbitrary turnbacks. Read More
Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests
The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements. Read More
Government’s Move to Terminate Flores Agreement Could Leave Immigrant Children Unprotected
The Department of Justice asked a court to partially terminate the decades-old agreement that protects the rights of immigrant children earlier this month. The government argues that the Flores Settlement Agreement is no longer needed because a new Department of Health and Human Services regulation finalized on April… Read More
Federal Court Temporarily Blocks Key Provision of Florida’s Anti-Immigrant SB 1718
On May 22, a federal court blocked a section of a draconian anti-immigrant law passed by Govenor Ron DeSantis's government in Florida. Read More
Challenging Iowa’s State Deportation Law
We’re suing Iowa for a new law that criminalizes anyone who has reentered the state after being deported — including children — even if that person is now authorized to be in the U.S. This is the most extreme anti-immigrant law in the state’s history. Read More
Amicus Brief to Supreme Court Asserting Judicial Review of Consular Visa Denials Available
The American Immigration Council filed an Amicus Brief with the American Immigration Lawyers Association to challenge the government's theory that judicial review is never available when a consular officer decides to deny a visa application. Read More
Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive
The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson… Read More
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