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.

Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice

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

Jeff Sessions Nomination for Attorney General is Highly Concerning to Future of Immigration Policy

November 18, 2016
Senator Sessions has led the fight against immigration reform at every turn during his 20 years in the Senate.
  • Press Release

Jeff Sessions Nominated to Serve as Attorney General

November 18, 2016
Alabama Senator Jeff Sessions will be nominated to serve as Attorney General in President-Elect Trump’s new administration. The following is a statement from Beth Werlin, Executive Director of the American Immigration Council.
  • Blog

Supreme Court Hears Immigration Case Asserting Discrimination Against Unmarried American Fathers

November 17, 2016

Last week, the Supreme Court heard arguments in Lynch v. Morales-Santana, a case that will decide whether the U.S. Immigration and Nationality Act (INA) unlawfully favors mothers over fathers of...

  • Blog

How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan

November 16, 2016

For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from  (TRAC) record the backlog at an all-time high of 521,676 as of the end of...

  • Blog

Immigration Groups File Briefs Calling For End to Detention Without Bond

October 27, 2016

Although the U.S. Constitution provides citizens and noncitizens the right to seek bail after an arrest, immigration detention is different. Certain noncitizens who are arrested by immigration...

  • Fact Sheet

Public Education for Immigrant Students: Understanding Plyler v. Doe

Publication Date: 
October 24, 2016
This fact sheet provides an overview of the Supreme Court’s decision in Plyler v. Doe and subsequent efforts by states and localities to avoid compliance with the decision.
  • Blog

Federal Court Strikes Down Immigration Detainers

October 6, 2016

In a decision late last week, the federal district court in the Northern District of Illinois invalidated the practice of issuing immigration detainers by U.S. Immigration and Customs Enforcement...

  • Press Release

Groups Settle Lawsuit Challenging Failure of U.S. Customs and Border Protection to Timely Respond to FOIA Requests

October 5, 2016
In accordance with a settlement reached by the parties, a federal district court dismissed a class action lawsuit which challenged U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA).
  • Blog

Supreme Court Won’t Rehear Executive Action on Immigration — What’s Next?

October 4, 2016

This week, the United States Supreme Court declined to rehear arguments in United States v Texas, the case challenging expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action...

  • Blog

Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children

September 29, 2016

In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch...

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