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.

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.

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

As Immigration Court Quotas Go Into Effect, Many Call For Reform

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...

  • Blog

Which Immigration Cases Will the Supreme Court Hear This Term?

September 28, 2018

On October 1, the Supreme Court will begin hearing cases for the start of its 2018-2019 term. Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s...

  • Blog

Sessions Limits Immigration Judges’ Ability to Dismiss Deportation Cases

September 26, 2018

In his latest attempt to micromanage immigration judges and ensure a maximum number of deportations, Attorney General Jeff Sessions issued a decision last week restricting a judge’s ability to...

  • Blog

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

September 11, 2018

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed...

  • Blog

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

September 7, 2018

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted...

  • Blog

Brett Kavanaugh’s Record on Immigration Raises Questions

September 5, 2018

President Trump’s nominee to replace Justice Anthony Kennedy on the Supreme Court—D.C. Circuit Judge Brett Kavanaugh—appears in front of the Senate Judiciary Committee this week to answer...

  • Blog

Federal Judge Allows DACA Renewals to Continue for Now

September 4, 2018

This week will mark the one-year anniversary of President Trump’s announcement ending the Deferred Action for Childhood Arrivals (DACA) initiative. Yet, defenders and recipients of DACA are...

  • Blog

Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

August 21, 2018

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread...

  • Blog

Immigration Judges’ Union Fights for Judicial Independence

August 17, 2018

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a...

  • Blog

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

August 8, 2018

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently...

  • Press Release

Council Reveals Government’s Interference with Noncitizens’ Access to Legal Counsel

May 31, 2012

Washington D.C. - Today, the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of non

  • Press Release

AIC Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

  • Press Release

The Council Applauds Supreme Court Decision Rejecting Retroactive Application of Immigration Law Provision

March 29, 2012

Washington, D.C.—Yesterday morning, the Supreme Court issued an important decision, Vartelas v.

  • Press Release

En Banc Court Reverses Adverse Holding, Says Immigrants Can Pursue Cases from Outside U.S.

January 30, 2012

Washington, D.C.- Today, an en banc panel of the U.S.

  • Press Release

USCIS Takes Steps to Improve Noncitizens’ Access to Legal Counsel

January 19, 2012

Washington D.C. – During its nine-year history, issues have arisen with respect to restrictions on counsel by the Department of Homeland Security’s immigration age

  • Press Release

LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States

December 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Cir

  • Press Release

Lawsuits Filed Against Department of Homeland Security Seek Greater Transparency

November 9, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) this week filed two lawsuits

  • Press Release

Board of Immigration Appeals Guts Legal Protections for Immigrants Under Arrest

August 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigra

  • Press Release

BIA Provides Important But Incomplete Guidance on Mental Competency Issues

June 24, 2011

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

  • Press Release

Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts

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

  • Press Release

New FOIA Request Filed to Force Agency to Release Immigration Court Operations Information on COVID-19 Pandemic

August 4, 2020
The public has a right to know the safeguards that the government has in place to prevent the unnecessary illness and possible death of numerous individuals still reporting to work in immigration courts throughout the country.
  • FOIA

Uncovering Policies on Immigration Court Operations During the COVID-19 Pandemic

During the COVID-19 pandemic, immigration courts have frequently closed without explanation or notice to the public. This Freedom of Information Act request seeks records on the government's response.
  • Advocacy

Letter Demands ICE Release Families Detained During COVID-19 Pandemic

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

  • Blog

Federal Court Strikes Down Trump’s Asylum Transit Ban in Momentous Victory

July 1, 2020

On June 30, a federal judge in the District of Columbia struck down the Trump administration’s asylum transit ban, ending a sweeping policy that had shut down asylum for most people entering the...

  • Blog

Supreme Court Limits Court Oversight for Fast-Track Deportations  

June 25, 2020

The Supreme Court ruled on June 25 that certain asylum seekers forced through a fast-track deportation process at the U.S. border, called “expedited removal,” cannot challenge their deportations...

  • Advocacy

Organizational letter regarding EOIR's decision to prematurely resume the non-detained docket during the COVID-19 pandemic.

June 24, 2020
  • Press Release

Comment on Fast-Track Deportation Ruling

June 23, 2020
A federal appeals court has ruled that a lawsuit against the Trump administration’s policy that sought to massively expand fast-track deportations without a fair legal process can continue. The court held that the lawsuit was properly brought, but rejected the claim that the administration had failed to follow the procedures provided under the Administrative Procedure Act.
  • Blog

The Federal Agency Running the Immigration Courts Keeps Deleting Asylum Records

June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

  • Press Release

The American Immigration Council Announces Kate Melloy Goettel As Legal Director of Litigation

June 5, 2020
The American Immigration Council has named experienced attorney and litigator Kate Melloy Goettel to be its legal director of litigation.
  • Blog

Supreme Court Safeguards Federal Court Review of Torture Protections

June 4, 2020

The U.S. Supreme Court found on Monday that federal courts have the authority to review certain claims from people who are seeking protection from torture. The case, Nasrallah v. Barr, is about...

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