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.

Immigration Judges’ Union Fights for Judicial Independence

Immigration Judges’ Union Fights for Judicial Independence

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance… Read More

Detaining Families

Detaining Families

This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between fiscal years 2001 and 2016, this report documents how families detained in the United States’ family detention centers proceeded through the court process. Read More

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to… Read More

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant… Read More

Federal Audit Outlines Lasting Impacts of Trump's Executive Orders on Immigration

Federal Audit Outlines Lasting Impacts of Trump’s Executive Orders on Immigration

President Trump wasted no time after assuming office in signing three executive orders which fundamentally changed the nature of immigration enforcement in the United States: Border Security and Immigration Enforcement Improvements; Enhancing Public Safety in the Interior of the United States; and Protecting the Nation from Foreign Terrorist Entry into the United States (commonly known as the “Muslim ban"). Read More

USCIS Is Slowly Being Morphed Into an Immigration Enforcement Agency

USCIS Is Slowly Being Morphed Into an Immigration Enforcement Agency

U.S. Citizenship and Immigration Services (USCIS) issued new guidance to initiate deportation proceedings for thousands of applicants denied for any immigration benefit. This policy change will have far-reaching implications for many of those interacting with the agency, but also signals a major shift in how USCIS operates. USCIS was never… Read More

Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July

Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July

The immigration court system will begin to roll out an electronic filing pilot program in six immigration courts on July 16 this year, representing an important advancement for these courts that still heavily rely on paper documentation. Currently, immigration courts generally do not permit any electronic filing. Instead, immigrants… Read More

Supreme Court Decision May Make Some Eligible for Relief From Deportation

Supreme Court Decision May Make Some Eligible for Relief From Deportation

In an 8-1 decision on June 21, the Supreme Court ruled in favor of an individual previously prevented from applying for a type of relief from deportation known as cancellation of removal. In Pereira v. Sessions, the Court rejected the government’s practice of placing noncitizens in immigration proceedings based… Read More

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case on Thursday declaring immigration judges do not have general authority to administratively close cases. The decision applies nationwide—though we can expect… Read More

American Immigration Council Condemns Attorney General’s  Decision Restricting Immigration Judges’ Authority

American Immigration Council Condemns Attorney General’s Decision Restricting Immigration Judges’ Authority

Attorney General Jeff Sessions unilaterally removed immigration judges’ general authority to administratively close cases. Ending the use of administrative closure will have far-reaching consequences for those in removal proceedings, including adding tens of thousands of cases to an already over-burdened immigration court system. Read More

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