Due Process and the Courts

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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.

READ MORE

All Due Process and the Courts Content

  • Blog

Thousands of Children Now Covered in Access to Counsel Lawsuit

June 28, 2016

Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand...

  • Blog

Supreme Court Issues Disappointing Split Decision in United States v. Texas

June 23, 2016

The Supreme Court issued a 4-4 decision in United States v. Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and...

  • Blog

These Anti-Immigrant Organizations Are Behind the Effort to Derail Executive Action on Immigration

June 13, 2016

The tentacles of the modern anti-immigrant movement in the United States extend far and wide, but they emanate from a single source: John Tanton—a white nationalist trying his hardest to ensure...

  • Blog

Judge Hanen Halts Order That Would Have Revealed Personal Information of DACA Recipients

June 7, 2016

Judge Hanen halts his order that would have the Department of Justice (DOJ) turn over personal information of about 50,000 individuals who have received three-year reprieves from deportation and...

  • Blog

Administration Seeks to Protect DACA Recipients from Judge Hanen’s Unusual Order in Immigration Case

June 2, 2016

This week, the Obama administration filed a stay motion, a request to halt Judge Hanen’s highly extraordinary order in May telling the Department of Justice (DOJ) to turn over personal information...

  • Blog

Latest Flores Filing Highlights Stories of Children and Mothers Unlawfully Detained by Obama Administration

May 20, 2016

This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to...

  • Blog

Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court

May 17, 2016

Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since...

  • Blog

Texas’ Distorted View of the Legal Basis for DAPA and Expanded DACA

April 27, 2016

On April 18, the U.S. Supreme Court heard oral arguments in United States v. Texas, a case brought by 26 states to challenge President Obama’s deferred action initiatives, known as expanded...

  • Blog

Immigration Court Backlog Shows No Sign of Shrinking

April 22, 2016

The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 486,206 cases in the...

  • Blog

What Are the Next Steps at the Supreme Court in U.S. v. Texas?

April 21, 2016

The oral arguments in U.S. v. Texas are now complete and dozens of news articles and analyses have attempted to predict what the Court will decide. However, all that truly matters is the final...

  • Practice Advisories

Reinstatement of Removal

Publication Date: 
May 23, 2019
This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders.
  • Blog

Immigration Judges and Advocates Criticize Immigration Court System for ‘Propaganda’

May 16, 2019
  • Blog

Federal Court Allows Controversial ‘Remain in Mexico’ Policy to Continue

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...

  • Blog

Federal Court Stops USCIS Policy Harmful to Students and Exchange Visitors

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...

  • Press Release

Groups Launch Legal Challenge to Trump Administration Policy on Jailing Asylum Seekers

May 2, 2019
The American Immigration Council, Northwest Immigrant Rights Project, and The American Civil Liberties Union, filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers. The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
  • Blog

Trump Wants to Make These 4 Disastrous Changes to the Asylum System

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...

  • Blog

Government Will Help 2,700 Central American Children Reunite With Their Families After Court Settlement

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...

  • Press Release

Attorney General’s Decision Would Deprive Asylum Seekers of Bond Hearings

April 16, 2019
In a decision today, Attorney General William Barr ruled that individuals with valid protection asylum claims who entered between ports of entry no longer are eligible for release on bond by an immigration judge. The decision could result in the unnecessary detention of thousands more individuals each year, despite the enormous financial and human costs. With the Northwest Immigrant Rights Project and the ACLU, the American Immigration Council intends to challenge the new decision.
  • FOIA

FOIA Request on EOIR Institutional Hearing Program

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).
  • Blog

Certain Detained Asylum Seekers Must Receive a Bond Hearing Within 7 Days, Judge Orders

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...

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