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

January 7, 2019

As the Trump administration continues to strip away due process in immigration courts, the recent creation of two “Immigration Adjudication Centers” is cause for concern. The two new facilities...

December 19, 2018

  In the first two years of the Trump administration, immigration hardliners made repeated attempts to reduce immigration court backlogs, from hiring nearly100 new immigration judges to limiting...

December 14, 2018

A federal court in Seattle on Tuesday permitted a case challenging unlawful delays in asylum screening interviews and bond hearings for asylum seekers to move forward over the government’s...

December 10, 2018

On Monday, the Ninth Circuit Court of Appeals heard arguments in C.J.L.G. v. Whitaker, a case that addresses whether children facing deportation have the right to a court-appointed attorney....

December 3, 2018

Following Jeff Sessions’ resignation as Attorney General, President Trump named Matthew Whitaker to replace him—a move that has already inspired multiple lawsuits that contend the designation was...

November 20, 2018

Ruling in a lawsuit late Monday night, a federal judge in San Francisco put the Trump administration’s asylum ban—an unprecedented move that barred asylum to any individual crossing the Southern...

November 13, 2018

The Ninth Circuit Court of Appeals issued a stinging rebuke to President Trump’s ongoing efforts to end the Deferred Action for Childhood Arrivals (DACA) initiative last week, unanimously...

October 26, 2018

In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua,...

October 12, 2018

Overwhelmed immigration courts and massive court backlogs have long been a nation-wide problem. Hearings are regularly scheduled years in advance—in some jurisdictions, judges are scheduling...

October 1, 2018

On October 1, immigration judges around the country will arrive at work and face a daunting new task; complete 700 removal cases in the next year or risk official sanction. The new court quotas...

September 17, 2014

Washington, D.C.

August 1, 2014

Washington D.C. – The American Immigration Council, American Civil Liberties Union, Northwest Immigrant Rights Project, Public

July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
June 5, 2014

Washington, D.C.The American Immigration Council welcomes last week’s ruling by the United States District Court for the

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

December 22, 2013

Washington, D.C.—The American Immigration Council welcomes today’s ruling from U.S. District Judge Richard M.

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

August 2, 2013

Washington, DC – Yesterday, a U.S.

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

April 22, 2020
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions.
April 8, 2020
Immigration groups moved for an emergency temporary restraining order against the Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement in order to protect the health of immigration attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies during the COVID-19 pandemic.
April 1, 2020

As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention...

The Council filed a lawsuit to close the immigration courts and ensure due process.
March 30, 2020
This lawsuit demands the government take immediate actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.
March 27, 2020
The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.
March 23, 2020
This urgent letter from over 100 organizations expressing deep concern about the need for remote legal access and representation in immigration court and detention during the COVID-19 pandemic.
March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
March 19, 2020
The American Immigration Council and the American Immigration Lawyers Association filed a lawsuit Tuesday in federal court to compel the Department of Justice’s Office of Information Policy to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals Members. The lawsuit seeks to understand current hiring procedures for the BIA—the highest administrative body for interpreting and applying immigration laws—after reports came to light of anti-immigrant bias in the hiring process.
March 17, 2020

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency...

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