Immigration Courts
Immigration courts play a crucial role in ensuring that immigration laws are applied fairly and consistently, providing due process to those facing removal. Learn more about issues facing the courts today and explore the actions we're taking to ensure the rights of immigrants are upheld and legal integrity is maintained.
Immigrants and Families Appear in Court
Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings. Read More
Appeals Court Decision Means Hundreds of Migrants Were Unlawfully Convicted
The Ninth Circuit Court of Appeals issued a decision clarifying limits on when federal prosecutors can charge immigrants with illegal entry and reentry into the United States this week. Under this decision, it will be more difficult for the government to criminally charge immigrants who attempt to enter the United States outside a port of entry in order seek asylum. Hundreds of prior convictions are also now potentially invalid. Read More
Federal Appeals Court Rejects Trump Administration’s Efforts to Deny Bond Hearings to Asylum Seekers
A federal appeals court ruled that asylum seekers must continue to receive bond hearings while the court considers the Trump administration’s appeal to deny bond hearings with procedural protections to asylum seekers. Read More
Expansion of Fast-Track Deportations Jeopardizes Countless Vulnerable Individuals and Fair Day in Court
Expanding expedited removal in this manner will create a 'show me your papers' regime of immigration enforcement where individuals—including any U.S. citizens they encounter—will be forced to prove they should not be deported. The American Immigration Council will not stand by idly as the Trump administration continues its unlawful attacks on our communities. We will see the Trump administration in court Read More
Advocates Seek Information About a Secretive Program That Fast-Tracks Deportations
Since the mid-1980s, immigration courts have operated the Institutional Hearing Program (IHP). The program is designed to quickly deport people serving criminal sentences. Despite how long it’s been in operation, little is known about the IHP. With a lawsuit filed earlier this week, advocates hope to shed light… Read More
Lawsuit Seeks Clarity on How Immigrants Serving Time Are Deported From The United States
The American Immigration Council, American Immigration Lawyers Association, and Immigrant Defense Project filed a lawsuit Wednesday in federal court to compel the government to release records and data about the Department of Justice’s Institutional Hearing Program, an obscure program that expedites the deportation of immigrants who are serving time for criminal offenses. The lawsuit seeks to understand how the IHP operates, where it operates, and who it targets. Read More
The Institutional Hearing Program: An Overview
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities. Read More
FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program
This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP). Read More
Cutting Interpreters From Immigration Court Risks Due Process
Every day, hundreds of non-English speaking immigrants show up to court for initial hearings where they will see an immigration judge for the first time. But due to a new policy, many immigrants will lose the help of dedicated court interpreters to ensure they understand what’s going on in the… Read More
A New EOIR Rule Expands Powers of the Board of Immigration Appeals and Attorney General
The Executive Office for Immigration Review (EOIR) issued a final rule last week that expands the authority of the Board of Immigration Appeals (BIA) and Attorney General William Barr when reviewing an immigration judge’s decision following a removal proceeding. The BIA reviews an immigration judge’s decision if ether the individual… Read More
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