Due Process/Procedural Rights

The Fifth and Fourteenth Amendments protect everyone’s right to due process of law. This right is foundational; when the government denies fair treatment to particular individuals or operates with unfair procedures, it makes it impossible to enforce the other rights guaranteed by the Constitution. The ACLU works to protect our rights to due process everywhere in settings as varied as the local courts, federal workplaces, schools, and Guantanamo and Afghanistan.

Due Process

The Fifth and Fourteenth Amendments protect everyone’s right to due process of law. This right is foundational; when the government denies fair treatment to particular individuals or operates with unfair procedures, it makes it impossible to enforce the other rights guaranteed by the Constitution. The ACLU works to protect our rights to due process everywhere in settings as varied as the local courts, federal workplaces, schools, and Guantanamo and Afghanistan.

The Latest

Press Release
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St. Elizabeths Hospital Settles Case with Patients Who Endured Life Threatening Conditions During Water Crisis and COVID-19

“This settlement will help ensure that the government meets its constitutional obligation to provide a safe environment for the patients of St. Elizabeths.”
Issue Areas: Due Process/Procedural Rights, Criminal Justice Reform, Disability Rights
Court Cases: Costa v. Bazron - Challenging Conditions at St. Elizabeths Hospital During Month-Long Water Outage and COVID-19 Crisis
News & Commentary
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3 Ways Courtwatch DC Challenged Injustice in 2022

2022 was a special year for Courtwatch DC. Officially launching the program, training volunteers, and watching the courts – we have a lot to be proud of.
Press Release
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Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

"Everyone knows that when the government locks you up, you have a right to see a lawyer. But these ICE detention facilities make that nearly impossible for people in their custody. Our lawsuit seeks to make access to counsel a reality for these immigrants."
Issue Areas: Immigrants' Rights, Due Process/Procedural Rights
Press Release
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D.C. JAIL AGREES TO IMPLEMENT COMPREHENSIVE COVID-19 PROTECTIONS TO SETTLE CLASS ACTION CONDITIONS SUIT BROUGHT BY PUBLIC DEFENDER SERVICE, ACLU-D.C.

Issue Areas: Criminal Justice Reform, Racial Justice, Due Process/Procedural Rights
Court Cases: Banks v. Booth - Challenging Life-Threatening Lack of COVID-19 Precautions at the D.C. Jail
Court Case
Apr 03, 2025

PERKINS COIE LLP V. U.S. DEPARTMENT OF JUSTICE; JENNER & BLOCK LLP. V. U.S. DEP’T OF JUSTICE; WILMERHALE V. EXECUTIVE OFFICE OF THE PRESIDENT – OPPOSING TRUMP’S EFFORT TO BREAK THE RULE OF LAW

Court Case
Feb 14, 2025

LAS AMERICAS IMMIGRANT ADVOCACY CENTER V. KRISTI NOEM – ACCESS TO COUNSEL FOR IMMIGRATION DETAINEES AT GUANTANAMO

Court Case
Oct 28, 2024

K.Y. v. District of Columbia - challenging juvenile justice agency's warehousing of children in jail-like setting for months instead of promptly beginning rehabilitative placements

Court Case
Feb 28, 2023

Ebosele Oboh v. D.C. Department of Buildings - Excessive Fine Violates the Eighth Amendment

Ebosele Oboh was renovating his house without having obtained the necessary permits. The Department of Buildings issued him a fine for the violation, then doubled the fine as a penalty for not responding to the first. This amicus brief argues that the excessive penalty violates the 8th Amendment.