Due Process and the Courts

The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation.  The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements.  Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible.  

Recent Features

All Due Process and the Courts Content

February 19, 2016

Earlier this week, Supreme Court Justice Antonin Scalia passed away at the age of 79. The unexpected death of the then longest serving member on the Court means there is a vacancy on the nine-...

January 20, 2016

This week, the Supreme Court announced it would hear arguments in United States v. Texas. The highest court will now determine whether the President’s deferred action initiatives announced in...

January 19, 2016

Today, the Supreme Court decided to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives—DAPA and expanded DACA...

January 13, 2016

A federal court in Tucson, Arizona held that U.S. Customs and Border Protection (CBP) must answer allegations of horrific conditions experienced by...

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

December 15, 2015

For the last 10 years, in federal courts across the Southwest border, the federal government has systematically prosecuted unlawful border crossers in group hearings with little-to-no due process...

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

December 11, 2015

Seven groups have filed amicus briefs in support of a petition for certiorari to the Supreme Court in United States v. Texas, requesting that the Court overturn the Fifth Circuit Court of Appeals...

December 4, 2015

This week, Texas filed a lawsuit against the federal government and International Rescue Committee (IRC) to prevent the resettlement of a Syrian refugee family in the state. The family was...

December 3, 2015

Although our nation’s immigration courts currently have record backlogs, there may be some help on the way. That was the message from Juan Osuna, Director of the Executive Office of Immigration...

February 25, 2019

In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is...

February 21, 2019

A FOIA request has forced the Executive Office for Immigration Review (EOIR) to produce its comprehensive plan for reducing the immigration court backlog. Though partially redacted, the aim of the...

February 14, 2019

With the fate of their Temporary Protected Status (TPS) in jeopardy, immigrants from Honduras and Nepal brought a class action lawsuit against the federal government this week to stop the Trump...

January 30, 2019

Immigration restrictionists have often repeated a bold and erroneous claim: that there is a serious problem of asylum seekers who come to the U.S. border and disappear once released from detention...

January 25, 2019

The Department of Homeland Security (DHS) announced plans to immediately launch a new policy to force asylum-seeking migrants to wait in Mexico for their immigration court hearing. Officially...

January 25, 2019
The policy will require many individuals seeking protection in the United States to stay in Mexico for prolonged periods of time as they await an immigration court hearing. With U.S. immigration courts overwhelmingly backlogged, asylum seekers risk spending months or even years in very risky conditions.
January 22, 2019

President Trump went in front of the public on Saturday and claimed he was going to propose a “compromise” to end the ongoing government shutdown. Instead of offering a bipartisan bill that would...

January 16, 2019

A federal judge blocked the Trump administration’s plan to add a question on U.S. citizenship to the 2020 Census on Tuesday, ruling that the controversial move “violated the public trust” and...

January 14, 2019

With the government shutdown dragging into its fourth week—marking the longest shutdown in U.S. history—most of the nation’s immigration courts remain closed. The Trump administration decries...

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

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