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

News & Commentary
A stylized graphic with a dark blue background featuring three overlapping red-tinted panels. The left panel shows the Statue of Liberty holding a torch. The center panel displays a handwritten sign that reads “DEMOCRACY STANDS” and “THE CONSTITUTION STANDS.” The right panel includes an image of Donald Trump.

A Year of Resistance in the Nation’s Capital: How D.C. Resisted the First Year of the Second Trump Administration

2025 has brought one emergency after another. But in this crisis, residents across D.C. fought for their rights and showed why the urgency of self-governance in D.C. is more important than ever.
Press Release
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Community Members and Immigrants’ Rights Organizations Take Trump Administration to Court to Stop Illegal Arrests of Immigrants

Four Washington, D.C. community members and the national immigration organization CASA sued the Trump administration today on behalf of themselves and a class of similarly-situated individuals, alleging that the federal government has engaged in a pattern of illegal immigration arrests since August.
Issue Areas: Immigrants' Rights, Due Process/Procedural Rights
Press Release
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Federal Court Blocks Trump Administration Fast-Track Deportation Policy

This ruling is a vital reminder that due process is not optional. Expanding expedited removal would have exposed thousands to potential wrongful deportation, without even the chance to make their case.
Issue Areas: Immigrants' Rights, Due Process/Procedural Rights
Court Cases: MAKE THE ROAD NEW YORK V. NOEM (CHALLENGING “EXPEDITED REMOVAL” OF IMMIGRANTS)
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
Legislation
Feb 04, 2026

Performance Oversight Testimony for the Department of Corrections

The American Civil Liberties Union of the District of Columbia (ACLU-D.C.) wants to ensure that D.C.'s leaders are advocating for sensible, evidence-based reforms of criminal justice policies. This performance oversight testimony urged the D.C. Council to provide robust oversight of the Department of Corrections (DOC) and to address the systemic injustices perpetuated by the District’s decades-long carceral approach to public safety.
Status: Performance Oversight
Position: Oversight Testimony
Legislation
Oct 17, 2019

Bill 23-291, the Detained Youth Access to the Juvenile Services Program Amendment Act of 2019

ACLU-DC testimony in support of the Detained Youth Access to the Juvenile Services Program Amendment Act of 2019.
Status: Active
Position: Support
Legislation
Jun 15, 2017

Bill 22-0021, the "Sexual Abuse Statute of Limitations Elimination Amendment Act of 2017" and Bill 22-0028, the "Childhood Protection Against Sexual Abuse Amendment Act of 2017”

Statement on behalf of the ACLU-DC before the DC Council Committee on Judiciary and Public Safety, presented by Monica Hopkins-Maxwell.
Position: Oppose