Due Process and the Courts

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Addressing the BIA's affirmance without opinion process, three-member panel decisions, and precedent decisions, as well as exhaustion of administrative remedies and the scope of administrative review
Discussing efforts in S. 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act,” to restore a measure of discretion and flexibility to the immigration system.

On November 13, 2012, American Immigration Council in conjunction with AILA and Public Citizen, submitted a FOIA request to the Department of Justice’s Executive Office...

In November 2009, the American Immigration Council sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
Beginning in the mid-1990s, the Executive Office for Immigration Review (EOIR) began using video hearing equipment in immigration courts across the country. As a result, frequently a noncitizen facing removal is deprived of the opportunity to appear in person before an immigration judge. Video hearings are more common where a noncitizen is detained, though many non-detained individuals are subjected to video hearings as well. EOIR uses video hearings for both preliminary hearings (“master calendar hearings”) and merits hearings (“individual hearings”). In February 2012, the American Immigration Council submitted a Freedom of Information Act (FOIA) request to EOIR asking for records related to video teleconferencing (VTC). EOIR produced two sets of records.
Urging Attorney General Holder to vacate Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), which he later did in Matter of Compean, 25 I&N Dec. 1 (A.G. 2009)

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before Immigration and Customs Enforement...

The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before United States Citizenship and...

The Council, in collaboration with AILA, inter alia, urged EOIR to amend regulations pertaining to telephonic and video hearings (see page 4).
June 27, 2019

In Massachusetts, U.S. Immigration and Customs Enforcement (ICE) officials are barred from making civil arrests in courthouses. Such arrests have a chilling effect on the administration of justice...

May 15, 2019

The Department of Homeland Security (DHS) is resuming its controversial “Remain in Mexico” policy. This policy requires asylum-seeking Central American migrants who arrive at our Southern border...

May 7, 2019

A federal district court recently prevented U.S. Citizenship and Immigration Services (USCIS) from imposing a new policy that radically changed how the agency determines when a foreign student or...

May 1, 2019

President Trump is calling for new regulations that will target asylum seekers arriving at the U.S.-Mexico border. These new rules would accelerate court hearings, limit options for relief, create...

April 16, 2019

The Trump administration has agreed to reverse course and begin the process of reuniting 2,700 children living in Central America with their parents in the United States. The decision comes as...

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

July 19, 2016
Immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an amicus “friend of the court” brief in the case, State of Texas vs. United States.
July 10, 2016
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding.
July 7, 2016
The American Immigration Council and the American Immigration Lawyers Association commented on the decision from the Ninth Circuit Court of Appeals affirming that the nearly 20-year-old Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama Administration’s family detention practices violate that agreement.
July 6, 2016
he American Immigration Council (Immigration Council), represented by Drinker Biddle & Reath LLP, today filed a lawsuit under the Freedom of Information Act to compel the release of additional documents related to the complaints process at United States Customs and Border Protection.
July 1, 2016
The U.S. Government has placed unnecessary hurdles in front of asylum seekers who are attempting to file asylum applications within the required time period.
June 27, 2016
A federal court has granted class-action status to a lawsuit challenging the federal government's failure to provide children in immigration court with lawyers in their deportation hearings. Several thousand children are estimated to be members of the class.
June 27, 2016
A federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.
June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

June 4, 2016
Last week an alliance of immigration advocacy groups represented by the Legal Action Center filed Freedom of Information Act (FOIA) requests with U.S. Customs and Border Protection (CBP).
February 4, 2020

In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical...

January 31, 2020

The American Immigration Council and the American Immigration Lawyers Association submitted an amicus brief in Las Americas Immigrant Advocacy Center v. Wolf, a case filed by the American...

January 30, 2020

A congressional oversight committee held a hearing this week on the need for immigration court reform and the systemic due process challenges within the immigration court system. The House...

January 29, 2020

The American Immigration Council submitted a written statement to the House Judiciary Committee's Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on "Courts in Crisis:...

January 21, 2020

The Trump administration received an unfortunate victory in the case against their family separation policy. On January 13, 2020, Federal Judge Dana Sabraw sided with the government in a lawsuit...

January 17, 2020

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The...

January 10, 2020
Over the last two decades, the federal government increasingly has utilized the criminal courts to punish people for immigration violations. This overview provides basic information about entry-...
December 5, 2019

Attorney General Sessions’ orders to prioritize prosecuting people for immigration-related offenses in 2017 and 2018 put a significant strain on law enforcement across the border, diverting...

December 3, 2019

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these...

November 19, 2019
A federal judge blocked the Trump administration’s asylum ban from being applied to thousands of asylum seekers who were unlawfully prevented from accessing the U.S. asylum process before the ban was implemented.

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