Immigration Courts

Our legal system rests upon the principle that everyone is entitled to due process of law and a meaningful opportunity to be heard. But for far too long, the immigration system has failed to provide noncitizens with a system of justice that lives up to this standard. Learn about ways in which the immigration system could ensure that all noncitizens have a fair day in court.  

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All Immigration Courts Content

May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

May 14, 2015

In February, advocates went to court to argue that the government’s family detention centers violate the long-standing Flores v. Reno settlement agreement, which set minimum standards for the...

May 11, 2015

If there is any aspect of immigration reform over which there should be no partisan disagreement, it is the dire need to increase the number of immigration judges. As most Republicans and...

May 5, 2015

It is unsurprising that the press is paying close attention to Texas v. United States, the case filed by Texas and a number of other states challenging President Obama’s executive actions on...

April 29, 2015

On June 7, 2010, Sergio Adrian Hernandez Guereca, a fifteen-year-old Mexican national, was playing with a group of friends on the Mexican side of the border near the Paso del Norte Bridge in El...

April 8, 2015

Yesterday, in Crane v. Johnson, the Fifth Circuit Court of Appeals (the same court deciding whether or not to keep in place the preliminary injunction blocking the President’s executive actions)...

April 6, 2015

Multiple legal briefs are being filed today in support of ending the injunction against the Obama Administration’s expansion of deferred action. On February 16, 2015, a Texas federal judge issued...

March 10, 2015

The Los Angeles Times recently reported that since 2013, more than 7,000 immigrant children have been ordered deported after missing a hearing in immigration court, according to government data....

February 6, 2015

Since the government began “prioritizing” the deportation of unaccompanied children and mothers with children last summer, legal service providers and other court observers across the country have...

October 22, 2014

Each week, in immigration courts across the United States, hundreds of children, some as young as just a few months old, come before immigration judges and are called upon to defend themselves...

October 12, 2017

During a public appearance at the Department of Justice on Thursday, Attorney General Jeff Sessions called on Congress to curb due process for immigrants by making it more difficult for an...

October 3, 2017

When the Supreme Court hears arguments in Jennings v. Rodriguez, the Justices will tackle a question eight of them considered in 2016: whether the Constitution allows the government to detain...

August 9, 2017

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most...

August 8, 2017

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should...

August 1, 2017
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
August 1, 2017
This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
July 24, 2017

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown....

July 7, 2017

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0...

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

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