Immigration Courts

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Immigrants in immigration court do not have a right to government-appointed counsel. The lack of legal representation has a profound impact on immigrants’ outcomes in removal proceedings.

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Backlogs and delays benefit neither immigrants nor the government—keeping those with valid claims in limbo and often in detention, delaying removal of those without valid claims, and calling into question the integrity of the immigration justice system.

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All Immigration Courts Content

  • Blog

A Federal Agency Is Deleting Court Records That Implicate Trump’s Immigration Policies  

November 5, 2019

Understanding how the immigration agencies operate has never been more important. Equally important is being able to rely on the information that those agencies release to the public. For this...

  • Blog

The Perils of the Migrant Protection Protocols

October 23, 2019

Rape, violence, kidnapping, and lack of basic health care is, unfortunately, a reality for hundreds of asylum seekers subjected to the Migrant Protection Protocols (MPP) or “Remain in Mexico”...

  • Blog

How the Immigration Court Reached a Record One Million Case Backlog

September 24, 2019

When Donald Trump took office in January 2017, the immigration courts faced a record backlog of over 542,000 cases. This month, the immigration court backlog hit a new historic high with over 1,...

  • Blog

Chaos and Dysfunction at the Border: The Remain in Mexico Program Firsthand

September 9, 2019

The first thing many people forcibly returned to Mexico tell you is that they’re afraid. Afraid of the cartels, afraid of Mexican immigration officials, and afraid of the months of uncertainty....

  • Blog

Tent Immigration Courthouses Are Being Built at the Texas Border

August 29, 2019

Immigration judges from across the country will soon be reassigned from their normal caseload to  preside over thousands of immigration cases along the U.S.-Mexico border, reportedly in an effort...

  • Blog

DOJ Moves to Further Politicize Immigration Court System

August 27, 2019

The Trump administration implemented more drastic changes to the U.S. immigration court system on Monday. A new rule gives the director of the Executive Office for Immigration Review (EOIR)—a...

  • Blog

Trump Administration Moves to ‘Disband and Destroy’ Immigration Judges Union

August 12, 2019

Immigration judges around the country are denouncing the Trump administration’s latest move to “disband and destroy” their union. The judges’ union has been openly critical of the administration’s...

  • Blog

Rushing Immigration Court Cases Through ‘Rocket Dockets’ Deprives Families of Due Process

August 9, 2019

In an attempt to rush through immigrant families’ court cases, the government began implementing “rocket dockets” in September 2018 for parents and children who had recently entered the United...

  • Blog

Trump Administration’s Plan to Subject Hundreds of Thousands to Fast-Track Deportations Faces New Lawsuit

August 6, 2019

The Trump administration recently announced it would start applying a fast-tracked deportation process known as “expedited removal” to hundreds of thousands more people than ever before. People...

  • Blog

Attorney General Barr Rolls Back Asylum Protections for Families

July 31, 2019

Attorney General William Barr issued a decision that significantly restricts the ability of many current asylum seekers to win their cases on Monday. In Matter of L-E-A-, Barr issued a new...

  • Press Release

Fifth Circuit Finds Motions to Reopen Can Be Equitably Tolled

July 10, 2016
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding.
  • Press Release

Supreme Court Rebuffs 5th Circuit and Reaffirms the Importance of Federal Court Review

June 16, 2015

Washington, D.C.

  • Press Release

Second Circuit Narrowly Interprets Aggravated Felony Bar Under INA § 212(h)

January 22, 2015

Washington, D.C.—Recently, the U.S.

  • Press Release

Groups Ask Court to Block Deportation Hearings for Children Without Legal Representation

August 1, 2014

Washington D.C. – The American Immigration Council, American Civil Liberties Union, Northwest Immigrant Rights Project, Public

  • Press Release

Groups Sue Federal Government over Failure to Provide Legal Representation for Children

July 9, 2014
The American Civil Liberties Union, American Immigration Council, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP today filed a nationwide class-action lawsuit on behalf of thousands of children who are challenging the federal government's failure to provide them with legal representation as it carries out deportation hearings against them.
  • Press Release

First Circuit Holds That Immigrants Can Pursue Cases From Outside the United States

October 1, 2013

Washington, D.C. - Last week, the First Circuit Court of Appeals held that individuals who have been depor

  • Press Release

Lawsuit Seeks to Learn How Government Responds to Complaints of Misconduct by Immigration Judges

June 6, 2013

Washington, DC - The public has a right to know whether the government adequately investigates and resolves complaints alleging misconduct by immigration judges, the American Immig

  • Press Release

Bringing Fairness to the Immigration Justice System

May 15, 2013

Washington D.C. - Thursday, the Senate Judiciary Committee continues mark-up of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.

  • Press Release

Eleventh Circuit Holds that Filing Limitations on Motions to Reopen Are Subject to Equitable Tolling

April 23, 2013

For Immediate Release

  • Press Release

Council Challenges Denial of Motion to Suppress Evidence Obtained Through Unlawful Conduct

November 28, 2012

The American Immigration Council’s Legal Action Center argued that local police violated the Fourth Amendment by unnecessarily prolonging an individual’s detention based solely on the suspicion tha

  • Letters

Coalition Letter Urges Biden Administration to End Migrant Protection Protocols

Publication Date: 
May 18, 2021
The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP.
  • Blog

First Round of Biden Immigration Judges Fails to Increase Diversity

May 13, 2021

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 ...

  • Blog

Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland

April 30, 2021

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...

  • Blog

A Federal Defender System for Immigrants Is Long Overdue

February 26, 2021

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...

  • Blog

In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public

February 18, 2021

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...

  • Letters

Coalition Letter on Continued Issues in Immigration Courts During COVID-19 Pandemic

Publication Date: 
February 1, 2021
The American Immigration Council urged the Biden administration to address the ongoing impact of the COVID-19 pandemic on immigration courts that continue to place everyone's health at risk during...
  • Letters

Coalition Letter to President Biden on Justice Department Reform of Immigration Courts and Enforcement Priorities

Publication Date: 
February 1, 2021
The American Immigration Council joined AILA and other organizations in calling for vital reforms to ensure fairness and integrity in the immigration courts and the enforcement system.
  • Blog

Immigrants Appear for Their Court Hearings, New Data Shows

January 28, 2021

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...

  • Special Report

Measuring In Absentia Removal in Immigration Court

Publication Date: 
January 28, 2021
This analysis of data provided by the federal government reveals that 83% of all nondetained immigrants with completed or pending removal cases attended all their hearings from 2008 to 2018.
  • Press Release

11 Years of Government Data Reveal That Immigrants Do Show Up for Court

January 28, 2021
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.

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