Due Process and the Courts

The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.

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April 11, 2016
This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the...
June 26, 2015
This Guide provides information about the tens of thousands of children—some travelling with their parents and others alone—who have fled their homes in Central America and arrived at our southern...
July 29, 2014
As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently fail to appear for proceedings and thus proposed...
June 1, 2013

“Judicial review” refers to federal court review of an immigration agency decision. Some individuals whose immigration benefits applications are denied or who are ordered removed from the United...

May 15, 2013
Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, immigration courts have failed to provide...
March 19, 2013
There is a growing consensus that our immigration system must be updated. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations...
June 11, 2012
In August 2011, the Department of Homeland Security (DHS) announced that it would review more than 300,000 pending removal proceedings to identify low-priority cases meriting favorable exercises of...
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...

The American Immigration Council filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking information relating to the expansion and...

March 6, 2020

153 legal representation, refugee assistance, faith-based, human rights, and community groups—including the American Immigration Council—sent a letter to the Department of Homeland Security...

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 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:...

The Trump administration wants to increase its power to deport immigrants without a fair day in court through expedited removal. We’re suing.
This nationwide class action lawsuit challenges systemic delays in providing immigration files.
The Council, along with AILA and the Immigrant Defense Project (IDP) filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking information relating to the Institutional Hearing Program (IHP).
April 3, 2019

This complaint highlights systemic due process violations that are undermining justice for detained immigrants called before judges at the El Paso Service Processing Center (SPC) Immigration Court...

The Council filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking all immigration judge written standing orders presently in force at immigration courts nationwide governing requests by counsel.
August 20, 2018
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.
August 20, 2018
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court.
February 7, 2018

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts...

December 20, 2017
This practice advisory describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
December 20, 2017
This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply.
August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
March 8, 2017
This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.
February 13, 2017
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the...
July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

June 25, 2020

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations...

June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

May 28, 2020

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question....

May 12, 2020

The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has...

May 4, 2020

A free phone call can mean the difference between a fair day in court and being deported to harm—or worse—for individuals held in immigration detention centers. Immigrants may not be able to meet...

April 24, 2020

In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr,...

April 1, 2020

As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention...

March 17, 2020

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency...

May 4, 2020
The American Immigration Lawyers Association and the American Immigration Council released documents obtained via Freedom of Information Act litigation revealing the Department of Justice Executive Office for Immigration Review’s updated hiring plan for immigration judges and appellate immigration judges.
April 28, 2020
Today’s Court decision denying the emergency temporary restraining order in NIPNLG, et al., v. EOIR, et al., is deeply disappointing. This lawsuit was brought against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
March 30, 2020
This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
March 19, 2020
The American Immigration Council and the American Immigration Lawyers Association filed a lawsuit Tuesday in federal court to compel the Department of Justice’s Office of Information Policy to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals Members. The lawsuit seeks to understand current hiring procedures for the BIA—the highest administrative body for interpreting and applying immigration laws—after reports came to light of anti-immigrant bias in the hiring process.
February 28, 2020
The Ninth Circuit Court of Appeals blocked the Trump administration’s Migrant Protection Protocols, also known as the “Remain in Mexico” program. Nearly 60,000 people seeking asylum in the United States have been returned to Mexico to wait for their U.S. court hearings under MPP.
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.
October 24, 2019
Media reports today indicate that the government has initiated a new pilot program in El Paso, Texas to rush the review of sensitive asylum cases. The reported program, called “Prompt Asylum Case Review,” forces families to navigate the asylum process while detained in the custody of U.S. Customs and Border Protection.
September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

September 21, 2020
Justice Ruth Bader Ginsburg, the second woman to serve on the Supreme Court of the United States and champion of fairness and equality, died Friday in Washington, DC. The following statement is from Beth Werlin, executive director of the American Immigration Council:
September 16, 2020

The Trump administration’s justification for ending administrative closure is on thin ice. A new report casts doubt on key arguments presented in a proposed regulation that would end the practice...

September 14, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that the Trump administration’s termination of Temporary Protected Status (TPS) for four countries can proceed. The fate of nearly 250...

September 14, 2020
A federal court has ruled that the Trump administration’s termination of Temporary Protected Status for more than 300,000 people living in the United States can continue.
September 11, 2020
It is not news that our nation is in an unprecedented moment where many of our democratic traditions and norms are being challenged. We have grown deeply concerned by the ongoing attacks on democracy that are unfolding before us.
August 27, 2020

Communication with the outside world is crucial for people in jail. This includes individuals facing deportation while detained in immigration detention centers, who do not have the right to court...

August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
August 14, 2020
In the immigration context, Equal Access to Justice Act fees generally are available in petitions for review, mandamus actions, Administrative Procedure Act suits, habeas corpus actions, and naturalization actions.
This lawsuit was filed to stop Immigration and Customs Enforcement from denying detainees the ability to contact their lawyers and the outside world by phone.

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