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.
DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings
U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) issued a new memorandum on May 27 that provides guidance on how its attorneys can and should exercise prosecutorial discretion. In the memo, which was made public on Friday, the lead government attorney for the Department… Read More
New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A… Read More
New Report Examines Biden’s Approach to Immigration Enforcement
A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office. Read More
First Round of Biden Immigration Judges Fails to Increase Diversity
The Biden administration announced its first round of immigration judge appointments on May 6. Unfortunately, the immigration court appointments do not show the commitment to diversity that President Biden has demonstrated in his federal court appointments. All of the new judges had received conditional offers from the Trump administration. The current administration was under no obligation… Read More
Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland
The U.S. Supreme Court ruled this week in Niz-Chavez v. Garland that immigration law requires the government to give noncitizens complete notice about the initiation of their immigration court case at one time. The April 29 ruling denounces the government’s current practice of providing necessary information over time and in… Read More
A Federal Defender System for Immigrants Is Long Overdue
The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking protection in the U.S. risk being forced back to dangerous conditions in their home countries. Despite these extraordinarily high stakes, immigrants… Read More
In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public
The Second Circuit has found that the Board of Immigration Appeals (BIA) must publish immigration decisions, reversing an earlier federal district court decision. The case challenged the Department of Justice’s longstanding practice of failing to publish immigration decisions by the BIA—the highest administrative court deciding immigration cases—in any… Read More
Immigrants Appear for Their Court Hearings, New Data Shows
Do most immigrants show up for their immigration court hearings? A new report released by the American Immigration Council reveals that the answer to this question is a clear “Yes.” As the Biden administration begins its overhaul of the immigration enforcement system, we must ensure that our policies… Read More
11 Years of Government Data Reveal That Immigrants Do Show Up for Court
A new report released today by the American Immigration Council examines 11 years of government data on the rate at which immigrants appear for hearings in U.S. immigration court. The report, “Measuring In Absentia Removal in Immigration Court,” concludes that an overwhelming 83% of immigrants attend their immigration court hearings, and those who fail to appear in court often did not receive notice or faced hardship in getting to court. Read More
Trump’s Drastic Immigration Court Fee Hikes Are Blocked in Court
The Trump administration has repeatedly tried to stop low-income immigrants from accessing protections and exercising their rights in the United States. Its last attempt—increasing immigration court fees by up to 800% through a new rule—was largely blocked in federal court on January 18, just hours before the rule was due… Read More
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