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).
A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants
Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured representation, down from 65% just four years ago. This new data comes from… Read More
New EOIR Memo Updates Protections for Children in Immigration Court
A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment that children in removal proceedings are navigating a system created for adults and therefore need special protection. The guidelines… Read More
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews. Read More
Litigation for Business Immigration Practitioners
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. Read More
SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again
Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest relatives because an overworked immigration judge (IJ) misapplied a legal standard in deciding whether someone is entitled… Read More
Common Tools of Statutory Construction for Criminal Removal Grounds
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal… Read More
Council, Partners, Renew Advocacy For Meaningful Access to Counsel in Detention
The American Immigration Council and nearly 90 legal service provider organizations sent a letter to ICE Acting Director Patrick Lechleitner highlighting the obstacles to attorney access that exist in immigration detention facilities nationwide and making recommendations for improvements. Read More
Comment on Executive Office for Immigration Review Proposed Rule Regarding Restoring Appeal Procedures and Administrative Closure
The American Immigration Council and the American Immigration Lawyers Association submitted this comment in support of the proposed rule, "Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure." Read More
Immigrant Rights Groups Sue for Information on Asylum Turnbacks
The American Immigration Council and the Center for Gender & Refugee Studies (CGRS) have filed a Freedom of Information Act (FOIA) lawsuit to compel the Biden administration to release information on its new policy of turning back people who request asylum without first obtaining an appointment via the government’s CBP One smartphone app. Read More
Court Allows Turnbacks of Asylum Seekers Without CBP One Appointments to Continue
A federal court in California denied a preliminary injunction in a legal challenge to the Biden administration’s policy of turning back asylum seekers who request protection without first obtaining an appointment via the government’s CBP One smartphone app. Read More
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