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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The American Immigration Council and co-counsel Public Citizen filed a lawsuit on behalf of the American Immigration Lawyers Association (AILA) seeking information about complaints alleging immigration judge misconduct.
May 15, 2013

Washington D.C. - Thursday, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

May 15, 2013
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, immigration courts have failed to provide...
May 3, 2013

Washington, D.C.—Last week, the Supreme Court issued a decision in

April 29, 2013
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.
April 12, 2013

Court Says ICE Failed to Satisfy FOIA Requirements in Council’s Suit to Compel
Disclosure of Records on Access to Counsel

March 19, 2013
There is a growing consensus that our immigration system must be updated. Severe visa backlogs hurt U.S. businesses, undocumented workers are frequently exploited, and record levels of deportations...
January 4, 2013
The American Immigration Council, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.

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