Due Process and the Courts

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Publication Date: 
June 11, 2012
In August 2011, the Department of Homeland Security (DHS) announced that it would review more than 300,000 pending removal proceedings to identify low-priority cases meriting favorable exercises of...
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May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
Publication Date: 
May 1, 2012
The report describes restrictions on access to legal counsel before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses changes...
Publication Date: 
April 1, 2012
Proportionality is the notion that the severity of a sanction should not be excessive in relation to the gravity of an offense. The principle is ancient and nearly uncontestable, and its operation...
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March 25, 2010
Years before the U.S. Supreme Court ended racial segregation in U.S. schools with Brown v. Board of Education, a federal circuit court in California ruled that segregation of school children...
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September 1, 2006
Access to an independent judiciary with the power to hold the government accountable in its dealings with individuals is a founding principle of the United States. In contrast, imagine a system...
Publication Date: 
December 1, 2003
Children who travel unaccompanied to the United States experience not only the trauma of family separation and the frequently predatory behavior of the traffickers who bring them, but also harsh...
Public information about the location and expansion of these courts and centers is critically important.
September 25, 2020

The American Immigration Council and the American Immigration Lawyers Association, through their joint initiative, the Immigration Justice Campaign, submitted this comment in opposition to...

This lawsuit was filed to stop Immigration and Customs Enforcement from denying detainees the ability to contact their lawyers and the outside world by phone.
Publication Date: 
August 13, 2020
This amicus brief in Niz-Chavez v. Barr urges the Supreme Court to reject the government’s practice of issuing notice of the time and place of a noncitizen’s removal proceedings in multiple documents over time, instead of in the initial Notice to Appear (NTA), as mandated by Congress.
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.
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...

The Council filed a lawsuit to close the immigration courts and ensure due process.
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.
Publication Date: 
December 21, 2018
The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. This practice advisory provides an overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure.
Publication Date: 
September 10, 2018
This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances.
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December 20, 2017
This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply.
Publication Date: 
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.
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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.
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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.
Publication Date: 
September 26, 2016
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO.
Publication Date: 
September 14, 2016

This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.

Publication Date: 
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
Publication Date: 
November 9, 2015
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.
June 30, 2022

Almost a year after the Supreme Court allowed a federal judge in Texas to order the Biden administration to restart the so-called “Migrant Protection Protocols” (MPP), the Supreme Court ruled in...

May 13, 2022

Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health, which is poised to overturn Roe v. Wade, could have damaging effects to immigrant rights secured through the courts. The...

April 21, 2022

More than two years after visiting the Trump administration’s “Migrant Protection Protocols” (MPP) tent courts in Laredo, Texas, I returned to see how they had changed under the Biden...

April 7, 2022

U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s...

March 9, 2022

President Biden has nominated Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the United States Supreme Court. With nearly a decade as a federal judge, Judge Jackson’s...

February 15, 2022

Immigrants and their representatives will gain access to decisions of the Board of Immigration Appeals (BIA) that were not publicly available. As a result of a settlement of a lawsuit filed by the...

February 3, 2022

Immigration courts will soon take a big step into the digital age. On February 11, 2022, immigration attorneys, accredited representatives, and Department of Homeland Security (DHS) lawyers, will...

January 20, 2022

When the Biden administration announced a new “dedicated docket” in immigration court for families seeking asylum at the border, many advocates raised concerns that the docket would forgo due...

December 17, 2021

The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and...

November 11, 2021

Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new...

January 28, 2021
A new report released today by the American Immigration Council examines 11 years of government data on the rate at which immigrants appear for hearings in U.S. immigration court. The report, “Measuring In Absentia Removal in Immigration Court,” concludes that an overwhelming 83% of immigrants attend their immigration court hearings, and those who fail to appear in court often did not receive notice or faced hardship in getting to court.
January 19, 2021
A federal court blocked nearly all of a Trump administration rule that would have drastically increased fees in immigration proceedings in which the government seeks to deport immigrants, many of whom are long-term residents of this country.
December 24, 2020
The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings.
December 17, 2020
Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days.
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.
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.
September 21, 2020
Justice Ruth Bader Ginsburg, the second woman to serve on the Supreme Court of the United States and champion of fairness and equality, died Friday in Washington, DC. The following statement is from Beth Werlin, executive director of the American Immigration Council:
September 14, 2020
A federal court has ruled that the Trump administration’s termination of Temporary Protected Status for more than 300,000 people living in the United States can continue.
September 11, 2020
It is not news that our nation is in an unprecedented moment where many of our democratic traditions and norms are being challenged. We have grown deeply concerned by the ongoing attacks on democracy that are unfolding before us.
August 26, 2020
Individuals in U.S. Immigration and Customs Enforcement custody at the Otero County Processing Center filed a motion for preliminary injunction to stop ICE from denying detained individuals the ability to contact their lawyers and the outside world by phone.
Last modified: 
April 26, 2023
Publication Date: 
May 19, 2021
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings.
Last modified: 
April 17, 2023
Publication Date: 
December 16, 2022
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
Last modified: 
April 14, 2023
Publication Date: 
March 23, 2023
In this amicus brief the Council urges the Supreme Court to correct the BIA's mistake in not applying that criminal "rule of lenity" when interpreting the aggravated felony deportation ground.
Last modified: 
December 16, 2022
Publication Date: 
December 16, 2022
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions.
Last modified: 
December 13, 2022
Publication Date: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
Last modified: 
November 24, 2022
Publication Date: 
November 1, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
November 2, 2022

The American Immigration Council joined a team of nonprofits across the country to write a letter to Office of Refugee Resettlement (ORR) Director Robin Dunn Marcos to express concern over lack of...

This Freedom of Information Act (FOIA) request seeks records from the Executive Office for Immigration Review (EOIR) about its practice of moving up the date of immigrants’ individual hearings with little to no notice to their lawyers.
October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.

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