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.
Despite Immigration Judge Hiring, Court Backlogs Continue to Grow
The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the backlog as of the end of March. This is almost 40,000 more pending cases than Executive Office of Immigration… Read More
Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review
Washington, D.C. – The American Immigration Council and the National Immigration Project of the National Lawyers Guild applaud the Supreme Court’s decision yesterday in Mata v. Lynch. In an 8-1 decision, the Supreme Court overturned the Fifth Circuit Court of Appeals and held that federal courts have authority to review immigration decisions denying… Read More
New Book Documents 10 Years of Operation Streamline
For more than 10 years, the federal government has operated a program in federal courts along the Southwest border targeting unauthorized border crossers for criminal prosecution. The program, known as Operation Streamline, has long been criticized for its group hearings—up to 75 people at once—that provide little or no… Read More
Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)
Washington, D.C.—Recently, the U.S. Court of Appeals for the Second Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the… Read More
DHS and Immigration Courts Sued Over One-Year Asylum Deadline
Immigration law imposes a one-year deadline, beginning upon arrival in the United States, within which an asylum seeker must apply for asylum. With very limited exceptions, an individual who misses this deadline becomes ineligible for asylum. Even though the clock is ticking for these asylum seekers, DHS agents and officers… Read More
Thousands of Children Now Covered in Access to Counsel Lawsuit
Last week, a federal court certified a class in a lawsuit challenging the federal government’s failure to provide legal representation to children in deportation proceedings. Several thousand children are estimated to be members of the class. This lawsuit, F.L.B. v. Lynch, was filed in U.S. District Court in Seattle. Read More
Latest Flores Filing Highlights Stories of Children and Mothers Unlawfully Detained by Obama Administration
This week, the Center for Human Rights and Constitutional Law (CHRCL) asked a federal judge to order the government to comply with the Flores settlement and appoint an independent monitor to oversee the Obama Administration’s ongoing family detention policy. Read More
Despite Obstacles, A Majority of Child Migrants Appear in Immigration Court
Reuters reported last week that the Obama Administration would begin to round up Central American women and children, including “minors who have entered the country without a guardian and since turned 18 years of age” and begin deporting them. The news report goes on to say that “many of… Read More
Immigration Court Backlog Shows No Sign of Shrinking
The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 486,206 cases in the backlog as of the end of March. This is almost 30,000 more pending cases than Executive Office of Immigration… Read More
District Court Holds Hearing in Case About Kids’ Right to Attorneys in Immigration Court
A federal district court in Seattle heard arguments in a lawsuit on Thursday seeking to ensure that all children in immigration court have legal representation. The case received a flurry of attention when press reports revealed that an immigration judge deposed in the case said he had successfully… Read More
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