Due Process and the Courts

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

Recent Features

All Due Process and the Courts Content

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...

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...

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...

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

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...

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 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...

January 22, 2015

Washington, D.C.—Recently, the U.S.

December 29, 2014

Washington D.C. - Today, immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an

December 22, 2014

Washington D.C. - Today, the U.S.

December 22, 2014

Washington D.C. - Today, the U.S.

September 25, 2014

Washington, D.C.—Wednesday, the U.S.

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

November 16, 2020

A judge has ruled that recent changes to Deferred Action for Childhood Arrivals (DACA) that were a veiled attempt to gut the program are invalid because Chad Wolf—the acting secretary of the...

November 12, 2020
The American Immigration Council, other immigrant rights organizations, and legal service providers filed a friend-of-the-court (or amicus) brief with the U.S. Supreme Court. The brief urges the justices to find that immigrants who seek humanitarian protection from removal should have access to bond hearings—instead of being subjected to mandatory detention.
November 2, 2020

Update: On November 5, the Seven Circuit Court of appeals placed an administrative stay on the district court’s ruling, restoring the public charge rule at least temporarily. The Trump...

Public information about the location and expansion of these courts and centers is critically important.
October 30, 2020
A lawsuit filed against the EOIR—which oversees immigration courts—and the GSA seeks information on the expansion and creation of immigration adjudication centers, which were established as part of EOIR’s Strategic Caseload Reduction plan designed to accelerate removal proceedings at the expense of due process.
October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

October 13, 2020

At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for...

Publication Date: 
October 6, 2020
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on...

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