Due Process and the Courts

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October 20, 2017

Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the...

October 18, 2017

Only hours before President Trump’s third travel ban was set to go into effect Tuesday night, it was halted by the same federal court in Hawaii that stopped the second version of the travel ban in...

October 13, 2017

The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial...

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

September 25, 2017

Just as the Trump administration’s 90-day ban on travel from six Muslim-majority countries was set to expire, it announced the third version of its travel ban Sunday evening. This latest version...

September 7, 2017

With the Trump administration announcing it was ending the Deferred Action for Childhood Arrivals (DACA) initiative on Tuesday, a number of states, non-governmental organizations (NGOs), and DACA...

August 21, 2017

Nothing is a better predictor of an immigrant’s success in their immigration case, than whether or not they have access to competent legal assistance. However, the U.S. Government has at times...

August 10, 2017

The Ninth Circuit Court of Appeals heard oral argument on Tuesday in C.J.L.G. v. Sessions – a case that raises grave due process concerns for indigent immigrant children. At issue is whether an...

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

May 18, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for con

April 13, 2011

Washington D.C. - A recent ruling from a federal judge in

March 30, 2011

Washington D.C. - In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Coun

March 11, 2011

Washington D.C. - This week, the American Immigration Council's Legal Action Center, joined by the American Immigration Lawyers Association, submitted an amicus brief to

October 7, 2010

Washington D.C. - In a continuing effort to promote greater federal court oversight of immigration decision-making, the American Immigration Counc

July 6, 2010

Washington, D.C. - Today, the United States Department of Justice filed a

March 21, 2019

Immigrants with even minor, dated criminal convictions will now be placed in mandatory detention without the possibility of a bond hearing—even if they have already served their time and been...

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

March 7, 2019
A federal district court in Seattle, Washington has certified two nationwide classes of detained asylum seekers who are challenging the government’s delays in providing asylum interviews and bond hearings.
February 28, 2019

The Trump administration’s aggressive enforcement tactics have made immigrants with final removal orders more vulnerable. That’s why it is more important than ever to have basic due process...

February 28, 2019
The Trump administration’s immigration enforcement policies have increased immigrants’ vulnerability to swift deportation, making the ability to access safeguard more important than ever. The American Immigration Council and the Kathryn O. Greenberg Immigration Justice Clinic at Benjamin N. Cardozo School of Law filed a lawsuit to disclose critical information about how the Board of Immigration Appeals interprets legal safeguards that would allow these individuals to seek reopening or reconsidering of their immigration cases, and prevent the irreparable harms that can result from deportation.
We filed a FOIA request seeking statistical information, as well as policies and guidance, regarding Board of Immigration Appeals standards for issuing stays of removal. Because the government failed to respond, we're filing a lawsuit.
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
February 26, 2019

The Trump administration’s policy of turning back asylum seekers has been devastating, as vulnerable people are repeatedly denied access to the asylum process at ports of entry (POEs) along the U....

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...

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