Due Process and the Courts

While updating our immigration system has been a slow process, over the last decade, there have been efforts to pass comprehensive immigration reform legislation and the DREAM Act. Other reform efforts include executive actions such as Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). Learn more about the ways America can upgrade its immigration system.

Recent Features

  • FOIA

Investigating the Immigration Court System

We're demanding information to uncover the hiring process for Assistant Chief Immigration Judge and their influence over the immigration courts.

  • Blog

‘Your Client Is Going Bye-Bye.’ Investigation Details Immigration Judges’ Cruel Behavior in El Paso Court

The complaint outlines systemic due process concerns around unprofessional behavior by immigration judges and troubling court practices in El Paso.

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

This special report lays out the the incongruency between America's criminal justice system and its immigration justice system, and provides recommendations for how these problems could be fixed.

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All Due Process and the Courts Content

  • Blog

The Supreme Court Strikes Down Vague Deportation Law

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on Border Security and Immigration on "Strengthening and Reforming America's Immigration Court System"

April 18, 2018
The statement shares our analysis and research regarding the nation's immigration courts, due process, and the importance of a truly fair day in court.
  • Advocacy

Statement for Senate Hearing “Strengthening and Reforming America’s Immigration Court System”

April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

  • Blog

The Justice Department Is Halting Its Legal Advice Program for Detained Immigrants

April 11, 2018

In its latest attack on due process and access to counsel in the immigration court system, the Executive Office for Immigration Review (EOIR) has decided to suspend its Legal Orientation Program (...

  • Press Release

DOJ Cuts Immigrants’ Access to Counsel in Latest Attack on Due Process

April 11, 2018
The Executive Office for Immigration Review (EOIR), part of the Department of Justice (DOJ), announced its intention to cancel the Legal Orientation Program (LOP) despite its immensely positive impact on judicial efficiency and fundamental fairness, and Congress’ express instruction to continue such programming, along with the provision of funding in the fiscal year 2018 appropriations bill, recently signed by the president.
  • Blog

Immigration Judge Quotas Could Result in Assembly Line Justice

April 4, 2018

In a controversial move, the Department of Justice recently announced new case completion quotas for immigration judges. These new quotas will result in time constraints and pressure for judges to...

  • Press Release

DOJ Strips Immigration Courts of Independence

April 3, 2018
The Executive Office of Immigration Review (EOIR), part of the Department of Justice (DOJ), has instituted strict quotas as part of immigration judges' individual performance evaluations, a shift that strips away the independence held by judges who are making high stakes decisions about whether a person will be deported.
  • Press Release

District Court Issues Favorable Nationwide Ruling on Behalf of Thousands of Asylum Seekers

March 29, 2018
A federal district court judge in Washington State ruled today that the federal government’s failure to notify asylum seekers that they must apply for asylum within one year of arriving in the United States violated their right to due process, and ordered the government to provide such notice.
  • Blog

Supreme Court Finds No Right to a Bond Hearing Under Immigration Law

February 28, 2018

Indefinitely detained immigrants facing possible deportation lost ground in their fight for the right to a bond hearing following a Supreme Court decision on Tuesday. Their sole remaining weapon...

  • Blog

Supreme Court Rejects the Government’s Premature Request to Hear DACA Case

February 27, 2018

The Supreme Court rejected the Trump administration’s request to hear an emergency appeal of a lower court’s January decision that prevents the government from fully ending the Deferred Action for...

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