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.

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All Due Process and the Courts Content

February 6, 2015

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have...

October 22, 2014

Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves...

August 13, 2014

Historically, “immigrants facing deportation are not provided an attorney if they cannot afford one.” But across the country, municipalities are taking steps to improve access to counsel for those...

August 6, 2014

By Megan Jordi, legal director at the New Mexico Immigrant Law Center. The rule of law is only a mirage in the remote, dusty town of Artesia, New Mexico, where the Department of Homeland Security...

July 18, 2014

As the number of unaccompanied children arriving at the United States border has increased, some lawmakers have argued that children frequently disappear into the woodwork, and propose mandatory...

July 9, 2014

The thousands of children fleeing violence and persecution and seeking refuge in the United States have brought to the forefront the issue of how our immigration system deals with children. The...

May 30, 2014

U.S. immigration laws provide only minimal due process protections for even the most vulnerable immigrants facing deportation, and in 59 percent of cases, immigrants are forced to navigate the...

May 13, 2014

News stories and NGO reports continue to document the plight of “unaccompanied children,” and their complex legal issues were brought to the attention of Congress when Attorney General Eric Holder...

December 19, 2013

A recent settlement agreement in a class action lawsuit brought on behalf of thousands of asylum seekers is removing obstacles they faced in obtaining work documents while they pursue their asylum...

May 12, 2011

Findings released last week by the New York Immigration Representation Study reveal what immigration advocates long have said: whether a person has legal representation is a critical factor in...

August 16, 2017
The parties in Dilley Pro Bono Project v. ICE have reached a settlement that ensures access to mental health evaluations for certain detained mothers and children seeking asylum.
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...

August 8, 2017

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should...

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.
July 28, 2017

The Massachusetts Supreme Judicial Court issued a unanimous decision on Monday holding that Massachusetts court officers may not arrest and detain immigrants based solely on a detainer. Although...

July 27, 2017

The recent trend of broadly labeling unaccompanied immigrant children as criminals and gang members is just the latest in a series of attacks on some of the most vulnerable individuals in the U.S...

July 24, 2017

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown....

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