New July 2025 Class Action Challenges Due Process in Immigration Courts

(UNITED STATES) A new class action lawsuit filed on July 17, 2025 alleges that federal policies are denying due process in immigration courts and stripping protections from vulnerable immigrant youth. The case, brought by immigrant youth and legal service providers including the Central American Refugee Center (CARECEN-NY) and Centro Legal de la Raza, claims the government abruptly ended protections for more than 150,000 young people stuck in a visa backlog, placing them at risk of deportation and loss of work authorization. Plaintiffs are represented by the National Immigration Project, Kids in Need of Defense (KIND), Public Counsel, and several major law firms, according to court filings.

At the heart of the complaint is a core due process claim: children and youth who fled abuse or neglect are now being funneled toward removal without a fair chance to be heard, to present evidence, or to seek permanent status. The lawsuit argues these steps violate the Fifth Amendment and long-standing due process in immigration courts. The youth-focused case is in its early stages and seeks to restore protections and stop further harm while the court reviews the claims.

Lawsuit Targets Loss of Protections for Youth

The filing details a sudden shift that ended protections previously shielding young people with pending immigration cases. Advocacy groups say this change has pushed many into a legal limbo.

• Some youth can no longer renew work authorization.
• Others face a fast timeline to leave the country without a meaningful hearing.
• Lawyers for the plaintiffs assert these actions violate basic fairness and create severe consequences for students, workers, and families with deep ties to their communities.

This suit is part of broader pushback against policy steps rolled out earlier in 2025. In February and March 2025, the Department of Homeland Security (DHS) issued directives to expand reviews and re-detention of people who had been released. The directives also increased removals to third countries without notice or a chance to contest based on fear of persecution.

• Federal courts have responded with temporary restraining orders and preliminary injunctions blocking parts of these practices, though litigation remains in motion and the government continues to appeal.
• According to analysis by VisaVerge.com, the volume and speed of policy shifts have created uncertainty for families who complied with every court date and document request but now face sudden changes to how their cases are handled.

Attorneys warn the result is a heightened risk that a child or teen—even one who has been in the United States for years—could be deported without a fair day in court.

Courthouse Arrests and Expedited Removal Under Fire

Other class action cases filed in 2025, such as Immigrant ARC et al. v. Department of Justice et al., challenge courthouse arrests targeting people who appear for scheduled court hearings.

• Plaintiffs allege government attorneys have moved to dismiss cases in court and then transferred individuals to DHS custody for expedited removal—procedures that bypass hearings and deeper review.
• The complaints argue these coordinated steps deny due process by cutting off access to a judge, counsel, and the chance to present claims or evidence.

Legal groups say these courthouse tactics ripple through entire communities.

• When people fear arrest at the courthouse, they may avoid showing up—even when they have strong defenses.
• That can lead to in absentia removal orders, missed deadlines, and loss of long-planned relief.

Example: For a 19-year-old with a pending application and a job at a local store, a courthouse arrest can mean losing an income, dropping out of school, and being sent to a country they left as a child.

Courts have certified nationwide classes in several ongoing cases and imposed emergency limits on some enforcement strategies. Still, the government is appealing and seeking stays, leaving rules in flux. Advocates urge families to:

• Confirm every hearing date.
• Keep records in order.
• Speak with a trusted attorney if they fear detention or expedited removal.

Federal agencies named as defendants include DHS, the Department of Justice (DOJ), and U.S. Citizenship and Immigration Services. Plaintiffs include immigrant youth, legal service providers, and advocacy organizations. The central claim across the cases remains:

The Constitution’s guarantee of due process applies to everyone, and government policy cannot erase the right to fair hearings, proper notice, and a real chance to be heard before removal.

What the Courts Are Weighing

Judges are weighing questions that go to the core of fairness in the system, including:

1. Whether the government may end established protections for youth with pending cases without steps that ensure a fair process.
2. Whether courthouse arrests connected to case dismissals amount to a deliberate attempt to steer people into expedited removal.
3. Whether new directives on re-detention and third-country removals can stand when they block people from raising fear-based claims.

As of September 23, 2025, courts have left parts of the new enforcement strategies on hold through temporary restraining orders and preliminary injunctions, while other parts continue during appeals. The youth-focused class action is new and seeks fast relief to restore immigrant youth protections and prevent further harm. Litigation in the courthouse-arrest and expedited-removal cases is also ongoing, with plaintiffs pressing for rules that keep hearings meaningful and accessible.

Practical Steps Families Can Take

While decisions are pending, families can take several practical steps to protect their rights:

• Keep copies of all notices, receipts, and past filings.
• Confirm hearing dates directly with the immigration court and keep proof of attendance.
• If you fear expedited removal, ask to speak with a lawyer and state any fear of return clearly and immediately.
• Seek help from reputable legal aid groups named in the filings, including:
  • National Immigration Project
  • KIND
  • Public Counsel
  • Local nonprofit providers

Advocates also recommend tracking official updates from litigation teams and checking federal court dockets for changes. For context on the immigration court system and how hearings are scheduled and recorded, consult the DOJ’s Executive Office for Immigration Review at the official EOIR website.

Why This Matters

Legal experts, advocacy organizations, and several members of Congress have criticized the recent policies for deepening fear and instability among people who are trying to follow the rules. They argue that:

• Fair process is not a luxury; it is the basic promise that the government will not remove someone without a real hearing.
• Policy shifts and courthouse arrests chill participation in the legal process and weaken trust.

The stakes are highest for children and young adults who have lived most of their lives in the United States, speak English as their main language, and plan for school and work here. For them, the question is not abstract:

• Will a judge hear their case at all?
• Can they work legally, pay rent, and keep their families together while their cases move through the system?
• Will due process in immigration courts remain a real safeguard rather than a promise on paper?