Immigration Courts

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In November 2009, the American Immigration Council sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.
The Council, in collaboration with AILA, inter alia, urged EOIR to amend regulations pertaining to telephonic and video hearings (see page 4).
The Council commented on several issues addressed by the draft report, including video hearings (see page 4). ACUS’s draft report and the final recommendations, included that EOIR should consider more systemic assessments of the use of video hearings.
Beginning in the mid-1990s, the Executive Office for Immigration Review (EOIR) began using video hearing equipment in immigration courts across the country. As a result, frequently a noncitizen facing removal is deprived of the opportunity to appear in person before an immigration judge. Video hearings are more common where a noncitizen is detained, though many non-detained individuals are subjected to video hearings as well. EOIR uses video hearings for both preliminary hearings (“master calendar hearings”) and merits hearings (“individual hearings”). In February 2012, the American Immigration Council submitted a Freedom of Information Act (FOIA) request to EOIR asking for records related to video teleconferencing (VTC). EOIR produced two sets of records.
July 9, 2019

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...

July 3, 2019

Attorney General William Barr announced in April 2019 plans to eliminate bond hearings for immigrants who pass an asylum screening interview after entering the United States. This would have...

May 1, 2019

President Trump is calling for new regulations that will target asylum seekers arriving at the U.S.-Mexico border. These new rules would accelerate court hearings, limit options for relief, create...

April 9, 2019

Asylum seekers are often imprisoned in immigration detention for weeks or months before they can ask a judge to release them, even though they’re entitled to bond hearings. But this injustice may...

April 3, 2019

Texas—and specifically El Paso—has been ground zero for many of the incredibly harmful policies introduced under the Trump administration, such as family separation, returning asylum seekers to...

March 11, 2019

Many asylum seekers who travel to the United States seeking protection often receive something much less—they are arrested by immigration officials and provided no meaningful way to challenge...

February 28, 2019

The Trump administration’s aggressive enforcement tactics have made immigrants with final removal orders more vulnerable. That’s why it is more important than ever to have basic due process...

February 25, 2019

In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is...

February 21, 2019

A FOIA request has forced the Executive Office for Immigration Review (EOIR) to produce its comprehensive plan for reducing the immigration court backlog. Though partially redacted, the aim of the...

January 18, 2018
The lawsuit challenges the practice of three of the four sitting immigration judges in the Charlotte Immigration Court who refuse to conduct bond hearings—even though they are required to do so—and are consequently prolonging the detention of bond-eligible individuals for several weeks.
June 19, 2017
The American Immigration Council and the American Immigration Lawyers Association (AILA) are responding to this representation crisis with an Immigration Justice Campaign, a new initiative to prepare more lawyers to be cutting-edge defenders of immigrants facing deportatio
January 12, 2017
A federal court in Seattle has granted nationwide class action status to a case seeking to protect the rights of thousands of asylum seekers pursuing protection from persecution in their home countries.
November 18, 2016
Alabama Senator Jeff Sessions will be nominated to serve as Attorney General in President-Elect Trump’s new administration. The following is a statement from Beth Werlin, Executive Director of the American Immigration Council.
August 1, 2016
An appellate court has ruled for an immigration group in a lawsuit against the Executive Office for Immigration Review (EOIR) challenging its response to a request for information regarding alleged misconduct by immigration judges and records that would reveal whether the agency adequately investigates and resolves complaints against immigration judges.
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.
January 22, 2015

Washington, D.C.—Recently, the U.S.

August 1, 2014

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

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.
March 23, 2020
In a letter calling for prioritizing the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak, the American Immigration Council and the American Immigration Lawyers Association, together with the National Immigrant Justice Center, the Southern Poverty Law Center, and more than 100 other organizations, urged the U.S. Department of Justice Executive Office for Immigration Review and U.S. Immigration and Customs Enforcement to immediately authorize the robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
March 19, 2020
The American Immigration Council and the American Immigration Lawyers Association filed a lawsuit Tuesday in federal court to compel the Department of Justice’s Office of Information Policy to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals Members. The lawsuit seeks to understand current hiring procedures for the BIA—the highest administrative body for interpreting and applying immigration laws—after reports came to light of anti-immigrant bias in the hiring process.
March 17, 2020

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency...

The American Immigration Council filed a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR) seeking information relating to the expansion and...

January 30, 2020

A congressional oversight committee held a hearing this week on the need for immigration court reform and the systemic due process challenges within the immigration court system. The House...

January 29, 2020

The American Immigration Council submitted a written statement to the House Judiciary Committee's Subcommittee on Immigration and Citizenship for a January 29, 2020, hearing on "Courts in Crisis:...

January 17, 2020

Asylum seekers subject to the Migrant Protection Protocols—or the “Remain in Mexico” program—in Laredo and Brownsville, Texas attend their court hearings in tents known as “port courts.” The...

December 5, 2019

Attorney General Sessions’ orders to prioritize prosecuting people for immigration-related offenses in 2017 and 2018 put a significant strain on law enforcement across the border, diverting...

December 3, 2019

Every year, thousands of people are forced to face the complex deportation system without an attorney representing them. Now, the immigration courts are seeking to limit the assistance that these...

November 6, 2019

It’s been nearly a year since the Trump administration announced the Migrant Protection Protocols (MPP), or the “Remain in Mexico” program. This program forces vulnerable asylum seekers to return...

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