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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May 21, 2015

This week, the House Appropriations Committee recommended the largest increase in immigration judges in history—$74 million for 55 new immigration judges, and other court improvements. The...

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

April 30, 2015

Every day in immigration courts around the country, people facing deportation try to explain why they should be allowed to remain in the United States under our notoriously complex immigration...

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

May 17, 2018
Attorney General Jeff Sessions unilaterally removed immigration judges’ general authority to administratively close cases. Ending the use of administrative closure will have far-reaching consequences for those in removal proceedings, including adding tens of thousands of cases to an already over-burdened immigration court system.
April 26, 2018

The Supreme Court heard arguments on Wednesday in Trump v. Hawaii, one of several cases challenging President Trump’s third travel ban. After two earlier travel bans were partially or fully struck...

April 25, 2018

Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and...

April 25, 2018
Citing pushback from congressional leaders, Attorney General Jeff Sessions announced that the Executive Office for Immigration Review, part of the Department of Justice, will continue the Legal Orientation Program.
April 23, 2018

A newly-released document obtained under the Freedom of Information Act (FOIA) shows that the Department of Justice (DOJ) is making radical changes to the immigration court system that...

April 23, 2018
In response to a Freedom of Information Act request, the American Immigration Lawyers Association and the American Immigration Council received a partially redacted report written by Booz Allen Hamilton and commissioned by the Executive Office for Immigration Review. The comprehensive report investigated a range of immigration court issues including judicial performance reviews, Legal Orientation Programs, and procedural mechanisms, such as administrative closure, that can be used to streamline caseloads.

The American Immigration Council and the American Immigration Lawyers Association filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR)—the...

April 18, 2018

The Supreme Court, in a 5-4 ruling on Tuesday in Sessions v. Dimaya, declared a provision of immigration law so vague as to be unconstitutional. Noncitizens—including green card holders—can be...

April 18, 2018
The statement shares our analysis and research regarding the nation's immigration courts, due process, and the importance of a truly fair day in court.
April 18, 2018

The American Immigration Council submitted a written statement to the Senate Judiciary Subcommittee on Border Security and Immigration for an April 18, 2018 hearing on “Strengthening and Reforming...

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