Tagged #due-process
Every article we've published on this topic, sorted by the agency's own announcement date.
Third Circuit Strikes Down Trump's Mandatory ICE Detention Policy
Philadelphia-based federal appeals court rules that ICE violated immigration law and the Fifth Amendment by detaining undocumented immigrants without bond hearings.
Federal Judge Orders Release of Billings Father and Child from Havre Detention
A Montana federal judge has ordered the release of a Billings resident and child held by CBP in Havre, finding CBP lacked statutory authority to arrest and detain them without proper warrant or bond process.
Chicago Immigration Court Mega Hearings Drive Record No-Shows, Removal Orders
WBEZ and Chicago Sun-Times report that oversized mega master hearings at Chicago immigration court are causing immigrants to miss hearings and receive deportation orders in absentia at record rates. Learn what this means for practitioners.
Trump Administration Uses Pretermission to Remove Asylum Seekers Without Hearings
Asylum seekers who followed Biden-era CBP One procedures now face removal to third countries without a hearing. A Venezuelan family's case illustrates a troubling pattern.
Immigration Courts Scaling Up 'Mega Master' Hearings to Clear Backlogs
Federal immigration courts are bundling 100+ cases into single hearings to expedite deportations, raising concerns among practitioners about due process and notice deficiencies.
First Circuit declares ICE mandatory detention without bond hearings unlawful
The First Circuit Court of Appeals ruled that the Trump administration's policy denying bond hearings to detainees violates federal law, entitling detained immigrants to hearings under the Constitution and 1996 immigration statutes.
Mega Master Hearings Surge: Immigration Courts Cut Prep Time, Spiking Deportations
Immigration courts are scheduling 'mega master' hearings with dozens to hundreds of cases per judge and slashing preparation time from six months to under one month, driving a historic rise in deportation orders and in-absentia removals.
Federal Judge Issues New Stay Blocking Somalia TPS Termination
Judge Burroughs grants fresh administrative stay in Somalia TPS litigation after plaintiffs rewrote lawsuit around Fifth Amendment due process claims. What practitioners need to know.
Ninth Circuit rejects Trump mandatory detention policy; Nevada and western states affected
A federal appeals court ruled Thursday that the Trump administration cannot deny immigrants detained inside the U.S. a chance for release on bond, deepening a circuit split heading to the Supreme Court.
Active duty military lawyers now hearing immigration cases in Massachusetts courts
The Trump administration has deployed military lawyers as temporary immigration judges in Massachusetts and nationwide. Immigration practitioners need to understand the policy, the legal challenges, and how it affects case adjudication.
DOJ Invokes Decades-Old Alien Terrorist Removal Court for First Time
The Justice Department is testing the never-before-used Alien Terrorist Removal Court to expedite deportation of suspected alien terrorists, a development that changes due process rights for noncitizens.
Federal judge rules mandatory immigration detention violates due process without individualized review
A Houston federal court order finds that applying INA mandatory detention statutes without considering an individual's circumstances violates Fifth Amendment rights, requiring release of witness detained after ICE shooting.
Federal Judge Orders ICE to Release Key Witness, Citing Constitutional Rights
A Houston federal judge has ordered ICE to release a witness in a fatal shooting case within 48 hours, finding that continued detention violates Fifth Amendment due process rights.
Post-Mullin TPS battles pivot to due process claims
After Supreme Court barred statutory review of TPS terminations, legal advocates for migrants from four countries are pursuing Fifth Amendment due process challenges. Learn what the new litigation strategy means for practitioners.
Trump Administration Activates 30-Year-Old Alien Terrorist Removal Court for First Time
The Trump DOJ filed the first-ever case in the Alien Terrorist Removal Court in July 2026—a specialized tribunal with accelerated procedures and limited defenses. Practitioners handling clients in national security-based removal proceedings must understand the ATRC's distinct rules.
Disputed Israeli Convictions at Center of Sarsour Deportation Hearing
An immigration judge heard testimony in the removal case against Salah Sarsour, president of Wisconsin's largest mosque, focusing on whether his teenage Israeli military court convictions support deportation grounds.
Federal Judge Blocks ICE From Using Missed Departure Deadline as Basis for Continued Detention
A New Jersey federal judge ruled that ICE cannot prevent someone from leaving the country, then detain them for missing a voluntary departure deadline—raising questions about how ICE applies mandatory detention in voluntary departure cases.
Federal judge rules ICE made warrantless arrest outside Baltimore school
U.S. District Judge Julie Rubin orders release of man detained by ICE at school, finding no probable cause and due process violations in the arrest.
'Mega masters' hearings pack immigration court dockets: what practitioners need to know
Immigration courts are scheduling mass 'mega masters' hearings with 100+ cases at once, often with inadequate notice. Experts say the tactic accelerates deportations, especially in absentia orders.
DOJ Files First-Ever Petition to Alien Terrorist Removal Court After 30 Years of Dormancy
The Justice Department has filed the first application ever to the Alien Terrorist Removal Court, a specialized tribunal created in 1996 but unused until July 2026. Practitioners need to understand the court's procedures, evidence standards, and procedural safeguards.
The 'mega masters' tactic: Mass immigration hearings inside crowded courtrooms
EOIR is rescheduling 100+ immigration cases into single dockets with minimal notice. Immigration attorneys warn this bypasses due process and generates in absentia removal orders.
AILA Policy Brief: America Needs Independent, Fair, and Efficient Immigration Courts
AILA calls for legislative reforms to insulate immigration courts from executive branch control, ban courthouse enforcement actions, and fully fund the judiciary. The brief highlights structural threats to due process and judicial independence.
Federal Judge Carves Out Constitutional Exception to Mandatory Detention for Detainee Released a Decade Ago
Iowa federal judge rules that even under Eighth Circuit mandatory detention law, constitutional due process prevents re-detention of someone released years earlier and allowed to live at liberty.
Seattle Immigration Court launches accelerated 'mega master' hearings for children
Hundreds of unaccompanied minors ordered to appear in accelerated 'mega master' hearings in Seattle immigration court, compressing timeline for legal preparation and raising due-process concerns among advocates.
Immigration judges report mass firings, pressure campaigns, and due-process conflicts under Trump administration
Immigration judges describe institutional pressure to prioritize policy goals over law, with more than 100 fired and 200 departed since Trump took office. Implications for caseload, case timing, and judicial independence.
Utah Immigration Court Accelerates Hearings Through \"Mega Master\" Dockets
Salt Lake City Immigration Court is consolidating dozens of cases into massive master calendar hearings and moving individual hearing dates forward by years, affecting preparation time and unrepresented immigrants' due process.
Federal judge orders ICE detainee's release based on Fifth Amendment due process violation
District of Montana rules that ICE detention without a bond hearing violates Fifth Amendment due process rights. Practitioner guidance on habeas corpus strategy and warrantless seizure challenges.
5th Circuit imposes 90-day bond hearing deadline for ICE detainees under expanded detention policy
The 5th Circuit Court of Appeals ruled that ICE must afford bond hearings within 90 days to immigrants detained under the Trump administration's expanded mandatory detention policy, citing due process rights.
Fifth Circuit Requires Bond Hearings Within 90 Days for Detained Immigrants
Fifth Circuit Court of Appeals rules that detained immigrants have the right to meaningful due process protections and must receive a bond hearing within 90 days before continued detention.
Fifth Circuit rules: ICE must provide bond hearings within 90 days
A divided 5th Circuit panel on July 2, 2026 required the Trump administration to afford detained immigrants a bond hearing within 90 days or release them, rejecting the administration's mandatory detention policy on constitutional due process grounds.
5th Circuit Rules ICE Must Hold Bond Hearings Within 90 Days
The 5th Circuit Court of Appeals has rejected the Trump administration's no-bond detention policy for undocumented immigrants, requiring individualized bond hearings within 90 days. This reversal affects detention practice across Texas, Louisiana, and Mississippi.
Public access to immigration courts narrowing nationwide, investigation finds
An investigative inquiry documents how judges, court staff and security officials are restricting public and press access to immigration hearings beyond what federal law allows, sparking federal lawsuits.
Tenth Circuit Rejects Trump \"No Bond\" Detention Policy, Requires Individualized Hearings
Federal appeals court rules that categorical detention without bond hearings violates due process; affects immigration practitioners in six states with implications nationwide.
Federal Court Blocks ICE Arrests at Immigration Court Hearings Nationwide
A federal judge in California issued a nationwide injunction blocking ICE from arresting migrants at immigration court proceedings, except in narrow national security or public safety circumstances.
Year of observation at Fort Snelling shows seismic shifts in court procedure and access
Court observers documenting near-unprecedented docket consolidation, asylum denial surge, and restrictions on public access at Minnesota's immigration court.
Federal judge blocks ICE courthouse arrests nationwide
A California federal judge issued a nationwide injunction blocking the Trump administration's policy of making arrests at immigration courts, restoring prior guidance limiting enforcement in courthouses.
Board of Immigration Appeals Overhaul Restricts Merits Review and Raises Filing Fees
DOJ's February 2026 interim final rule makes BIA review discretionary, shrinks appeal timelines, and compounds fee increases. Practitioners must rethink appellate strategy immediately.
Supreme Court to Decide if ICE Can Detain Immigrants Indefinitely Without a Hearing
The Supreme Court has granted review in a case that could establish federal constitutional due process rights to bond hearings for detained immigrants during removal proceedings.
Supreme Court to hear bond hearing challenge for prolonged immigrant detention
The Supreme Court agreed to decide whether the government can detain noncitizens for prolonged periods without bond hearings, a case that could reshape detention practice nationwide.
Federal Judges Find Constitutional Workaround to 5th Circuit ICE Detention Ruling
District judges bound by the Fifth Circuit's February detention ruling are ordering bond hearings and releases on due-process grounds at rates that nearly match pre-ruling rejection levels.
Immigration judges accused of setting 'sham' bond hearings with sky-high amounts
Lawyers report immigration judges ordering unusually high bond amounts and holding brief hearings that ignore evidence. Practitioners increasingly turn to federal habeas corpus petitions for relief.
New Orleans Immigration Court Among Sites Where Mega Master Hearings Speed Deportations
Immigration courts are scheduling 100+ removal cases in single hearings with little notice. Practitioners must monitor for rescheduled dates and prepare clients for accelerated timelines and in absentia deportation risk.
Immigration Courts Accelerate Mass Hearings to Speed Deportations
EOIR is consolidating hearings into 'mega masters' with 100+ immigrants per session, creating due-process risks for unrepresented respondents. Practitioners must verify hearing dates and ensure client notice.
Justice Department deploys 'mega master' hearings to accelerate deportations
Immigration courts are now scheduling massive master calendar hearings—100+ people at a time—a dramatic shift from the typical 20-30 person docket. Understand the due process risks and what practitioners should advise unrepresented clients.
Judge Orders U.S. to Return Deported Guatemalan Man; Finds Due Process Violation
Federal judge orders DHS to facilitate return of gay Guatemalan deportee removed to Mexico despite withholding of removal; finds removal lacked due process and violated asylum officer's reasonable-fear finding.
Federal Judge Rules DACA Protections Are Enforceable: Estrada v. DHS
A California federal judge found that DACA confers substantial legal protections against deportation and ordered the return of a DACA recipient unlawfully removed. Key precedent on DACA enforceability and due process.
Federal Court Blocks Key Pieces of BIA Appeals Rule
U.S. District Court for D.C. halted significant portions of a Trump-Vance administration rule that would have eliminated meaningful appellate review before the Board of Immigration Appeals.
Federal Judge Orders Return of Venezuelan Migrants Deported Under Alien Enemies Act
U.S. District Judge James Boasberg ordered the Trump administration to facilitate the return of Venezuelan migrants deported to El Salvador, allowing them to challenge their removals in U.S. court. The ruling resolves how due process applies to Alien Enemies Act deportations.