Due Process

Throughout the country, we monitor obstructions to due process in immigration court that can severely impede a detained immigrant’s right to a fair day in court. Read our administrative complaints calling for immediate oversight and our recommendations for ensuring due process.

Complaint Filed Against ICE for Racial Discrimination and Excessive Use of Force in Colorado Facility

March 24, 2022

The American Immigration Council, Immigrant Justice Idaho, and Immigration Equality filed a complaint with the Department of Homeland Security's (DHS) Office of Inspector General (OIG), Office for Civil Rights and Civil Liberties (CRCL), Office of the Immigration Detention Ombudsman (OIDO), and Immigration and Customs Enforcement Office of Public Responsibility (OPR) urging an investigation into racial discrimination and excessive use of force at the Denver Contract Detention Facility in Aurora, Colorado ("Aurora facility"). The complaint also calls for the release of both men.
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Members of Congress Call for Increased Oversight At CoreCivic Detention Facility In Torrance County

December 17, 2021

U.S. Senators Martin Heinrich (D-NM) and Ben Ray Luján (D-NM) and U.S. Representatives Melanie Stansbury (D-NM) and Teresa Leger Fernández (D-NM) are calling on DHS officials to increase oversight on CoreCivic’s management of the Torrance County Detention Facility in Estancia, New Mexico, after Haitian asylum seekers have faced significant barriers to legal counsel.
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American Immigration Council, American Immigration Lawyers Association and Partners File Oversight Complaint on Violations of Due Process and Inhumane Conditions at Torrance County Detention Facility

November 23, 2021

The American Immigration Council, American Immigration Lawyers Association (AILA), ACLU of New Mexico, Innovation Law Lab, and the National Immigration Project of the National Lawyers Guild filed an oversight complaint with the U.S. Department of Homeland Security's (DHS) Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG) regarding severe violations of due process and inhumane conditions at the Torrance County Detention Facility in Estancia, New Mexico.
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Follow Up: American Immigration Council and Partners Call on U.S. Immigrations and Customs Enforcement to Ensure Access to Legal Services for Haitian Immigrants at Torrance County Detention Facility

November 18, 2021

The American Immigration Council joined partners ACLU New Mexico, Haitian Bridge Alliance, Innovation Law Lab, and National Immigration Project of the National Lawyers Guild in a follow-up to their November 5, 2021, letter calling on U.S. Immigration and Customs Enforcement (ICE) to ensure access to legal services at the Torrance County Detention Facility in Estancia, New Mexico. The second letter details ICE’s continued denial of attorneys attempting to provide legal access to Kreyol-speaking Haitians detained at the facility.
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American Immigration Council and Partners Call on U.S. Immigrations and Customs Enforcement to Ensure Access to Legal Services for Haitian Immigrants at Torrance County Detention Facility

November 5, 2021

The American Immigration Council joined partners ACLU New Mexico, Haitian Bridge Alliance, Innovation Law Lab, and National Immigration Project of the National Lawyers Guild in sending a letter calling on U.S. Immigration and Customs Enforcement (ICE) to ensure access to legal services at the Torrance County Detention Facility in Estancia, New Mexico. The letter was submitted in response to ICE denying attorneys both in-person and telephonic legal access to a group of Kreyol-speaking Haitians at the facility and also calls for a pause of their deportations until legal access is implemented.
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American Immigration Council and Partners Call on ICE and USCIS to Eliminate Delays for Detained Asylum Seekers

October 20, 2021

The American Immigration Council and partner legal service organizations sent a letter to U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) with examples of how delays in credible and reasonable fear interviews at detention centers around the country prolonged the detention of many asylum seekers. The letter called on the agencies to ensure prompt interviews, results, and communication about the credible fear process, and on ICE to release individuals when this level of service is not possible. The letter follows up on a June 28, 2021 letter to the agencies which described a variety of due process barriers faced by detained asylum seekers in expedited removal.
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Immigration Justice Campaign and Partners Comment on Changes to Streamlined Asylum Removal Proceedings

October 19, 2021

The American Immigration Council and the American Immigration Lawyers Association (AILA), in coordination with their joint initiative the Immigration Justice Campaign, submitted comments on the Department of Justice (DOJ) and the Department of Homeland Security’s (DHS) proposed “Dedicated Docket” in immigration court to complete the claims of asylum-seeking families within 300 days.
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Coalition Letter Calls for Due Process for Detained Asylum Seekers in Expedited Removal

June 28, 2021

The Immigration Justice Campaign joined legal service providers in sending a letter to U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and the Executive Office of Immigration Review calling for timely credible and reasonable fear interviews, language access, and procedural due process for detained immigrants in expedited removal.
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Submit a Comment in Opposition to the Expansion of Fast Track Removals

The Trump administration recently announced a policy that would fast-track the deportation of thousands by massively expanding “expedited removal,” which allows the Department of Homeland Security to quickly deport individuals without a chance to speak with an attorney or have a fair day in court. The public has until September 23 to submit comments to the government opposing this policy. We invite you to personalize and submit a comment to help us halt this unnecessary policy that will threaten due process and sow fear in communities throughout the nation.
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Complaint Highlights Due Process Violations in El Paso Immigration Court and Calls for Immediate Oversight

April 3, 2019

On April 3, 2019 the American Immigration Council and AILA filed a complaint with the DOJ’s Executive Office of Immigration Review (EOIR), Office of the Inspector General (OIG), and Office of Professional Responsibility. The complaint highlights systemic due process violations that are barriers to a fair day in court for detained immigrants called before judges at the El Paso Service Processing Center (SPC) court.
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