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.

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

Immigration Appeals Court Reverses Position on Deportation Waivers

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

  • Blog

Court Reportedly Set to Order End to Detention of Children in Unlicensed Family Facilities

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

  • Blog

Why More Immigration Judges Are Needed

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

  • Blog

Arpaio Faces Skeptical Judges In Lawsuit Challenging Obama’s Immigration Action

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

  • Blog

Supreme Court to Decide Whether It’s Okay to Deprive a Person of His Day In Immigration Court

April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

  • Blog

No Justice For Family of Mexican Child Killed By U.S. Border Patrol Agent

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

  • Amicus Briefs

Romero-Escobar v. Holder - Ninth Circuit

Publication Date: 
April 16, 2015
The Council and the National Immigration Project of the National Lawyers Guild submitted an amicus brief in support of rehearing addressing immigration judges’ duty, in pro se cases, to fully inform litigants of the consequences of their legal decisions and to ensure that any waivers of appeal are knowing and intelligent. The Ninth Circuit denied the petition for rehearing in a non-precedent decision. For more information on this topic, contact the Council's legal department.
  • Blog

The Court Decision on Deferred Action Everyone Should Be Talking About

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

  • Blog

Leaders From Across U.S. Urge Court to End Injunction in Immigration Action Case

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

  • Blog

Immigration Courts Are Ordering Unrepresented Children Deported

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

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