Immigration Courts

Recent Features

Empty Benches: Underfunding of Immigration Courts Undermines Justice

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

  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Fact Sheet

The Institutional Hearing Program: An Overview

Publication Date: 
November 29, 2021
The Institutional Hearing Program permits immigration judges to conduct removal proceedings for noncitizens serving criminal sentences in certain correctional facilities.
  • Research and Analysis

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

Publication Date: 
June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
  • Special Report

Tracking the Biden Agenda on Immigration Enforcement

Publication Date: 
May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
  • 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.
  • Fact Sheet

The Difference Between Asylum and Withholding of Removal

Publication Date: 
October 6, 2020
This fact sheet provides an overview of withholding of removal, including the basics of seeking protection in the United States, eligibility requirements, the application process, and data on...
  • Fact Sheet

Immigrants and Families Appear in Court

Publication Date: 
July 30, 2019
Comprehensive analyses of the government’s own data show that in the vast majority of situations, immigrants placed into removal proceedings appear for all of their court hearings.
  • Special Report

Detaining Families

Publication Date: 
August 16, 2018
This report presents findings from the first empirical analysis of asylum adjudication in family detention. Drawing on government data from over 18,000 immigration court proceedings initiated between...
  • Fact Sheet

Empty Benches: Underfunding of Immigration Courts Undermines Justice

Publication Date: 
June 17, 2016
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...
  • Fact Sheet

Children in Immigration Court: Over 95 Percent Represented by an Attorney Appear in Court

Publication Date: 
May 16, 2016

Over the past few years, thousands of children—many fleeing horrific levels of violence in Central America—have arrived at the U.S. border in need of protection. Most children are placed in...

  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • FOIA Litigation

Council Sues EOIR To Find Out Why Immigrants’ Court Hearings Are Moved Up on Short Notice

This FOIA suit seeks to compel EOIR to provide information about the immigration courts’ practice of advancing the date of immigrants’ hearings without much notice to them or their attorneys.
  • Amicus Briefs

Council Files Amicus Brief with Supreme Court on Fair, Consistent Way to Interpret Aggravated Felony Deportation Ground

Publication Date: 
April 14, 2023
In this amicus brief the Council urges the Supreme Court to correct the BIA's mistake in not applying that criminal "rule of lenity" when interpreting the aggravated felony deportation ground.
  • FOIA

Seeking Records on Why Immigrants’ Hearings Are Being Moved Up Without Much Notice to Them or Their Lawyers

This Freedom of Information Act (FOIA) request seeks records from the Executive Office for Immigration Review (EOIR) about its practice of moving up the date of immigrants’ individual hearings with little to no notice to their lawyers.
  • FOIA

Council Seeks Information About Access to Immigration Records in Removal Proceedings

This Freedom of Information Act (FOIA) request seeks information about the immigration courts' implementation of the Dent v. Holder decision and how ICE is complying.
  • FOIA

Investigating the Immigration Court System

This Freedom of Information Act (FOIA) request seeks to uncover information about the hiring process for the position of Assistant Chief Immigration Judge (ACIJ) and the influence of these judges over the immigration courts.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • FOIA

Seeking Information About Board of Immigration Appeals' Treatment of Motions to Reconsider

This Freedom of Information Act (FOIA) request was filed to learn more about trends in the Board of Immigration Appeal’s treatment of motions to reconsider orders of removal.
  • Litigation

Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

The Council filed a federal lawsuit challenging the Trump administration’s rule that would drastically increase fees across-the-board in high-stakes immigration proceedings.
  • FOIA Litigation

Government Faces Lawsuit for Failing to Disclose Information on Expansion of Immigration Courts and Immigration Adjudication Centers

Public information about the location and expansion of these courts and centers is critically important.
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
  • Practice Advisories

Practice Alert: Overview of the Supreme Court's Decision in Pugin v. Garland

Publication Date: 
August 22, 2023
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S).
  • Practice Advisories

'Freedom of Information Act and Immigration Agencies

Publication Date: 
April 26, 2023
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
  • Practice Advisories

Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)

Publication Date: 
April 17, 2023
This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring.
  • Practice Advisories

A Guide to Obtaining Detention Records

Publication Date: 
December 13, 2022
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request.
  • Practice Advisories

Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The Case

Publication Date: 
November 24, 2022
This Practice Advisory provides information for filing a delay action in federal district court under the Mandamus Act and the Administrative Procedure Act (APA) for an asylum applicant who is awaiting an interview or a final decision on their affirmative asylum claim. It discusses the required elements of a successful APA and mandamus actions and jurisdictional hurdles. The advisory also addresses asylum-specific case law and arguments, including USCIS’s use of the “Last-In, First-Out” processing and statistics showing the growing asylum backlog.
  • Practice Advisories

Notices to Appear

Publication Date: 
February 27, 2019
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: A General Overview

Publication Date: 
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.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

Publication Date: 
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.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Publication Date: 
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.
  • Blog

Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings

June 28, 2024

The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never...

  • Blog

Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive

March 25, 2024

The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s...

  • Blog

A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants

January 31, 2024

Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured...

  • Blog

New EOIR Memo Updates Protections for Children in Immigration Court

January 18, 2024

A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment...

  • Blog

What Does the Looming Government Shutdown Mean for Our Immigration System?

September 28, 2023

After weeks of failed negotiations on spending, Congress has less than a week left to avert a potential government shutdown. Members of the House Republicans’ Freedom Caucus have refused to pass...

  • Blog

New Immigration Court Rule Would Protect Critical Docket Management Tools and Rescind Trump-Era Changes

September 14, 2023

The Department of Justice has proposed a new rule to protect immigration judges’ ability to administratively close removal proceedings and control their ever-expanding dockets. The proposed rule,...

  • Blog

What Is the Law? Under New Immigration Decision, the Answer Isn’t Always Clear

March 30, 2023

Written by Emma Winger and Raul Pinto of the American Immigration Council The Board of Immigration Appeals (BIA) published a decision last week seeking to address a seemingly basic question: what...

  • Blog

Immigration Agencies Violate FOIA, Harming Immigrants and Government Transparency Alike

March 17, 2023

Immigration agencies have a problem with transparency. With an immigration system as complex as ours and Freedom of Information Act offices that are chronically underfunded, it’s no surprise that...

  • Blog

71% of Immigrants Win Their Cases Thanks to Pro Bono Volunteers with the Immigration Justice Campaign

October 27, 2022

Every year at the end of October, legal service providers come together to celebrate Pro Bono Week. It is a dedicated opportunity to acknowledge the amazing work that our volunteers do—work that...

  • Blog

What Does Legal Representation Look Like in Immigration Courts Across the Country?

August 23, 2022

Written by Emily Creighton of the American Immigration Council and Jennifer Whitlock of the American Immigration Lawyers Association.  It might seem like a straightforward statistic: 44% of...

  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Press Release

Iowa Blocks Hateful Anti-Immigrant Law

June 17, 2024
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
  • Press Release

Court Hears Challenge to Asylum Turnback

October 13, 2023
On October 13, the U.S. District Court for the Southern District of California will hear arguments in Al Otro Lado and Haitian Bridge Alliance v. Mayorkas, a federal lawsuit challenging the Biden administration’s unlawful policy of turning back people seeking asylum without a CBP One appointment.
  • Press Release

Newly Proposed Appellate Rule Would Overturn Trump-era Restrictions for Immigration Judges and Codify Judicial Discretion

September 8, 2023
On Thursday, the Biden administration proposed to rescind a Trump administration rule that stripped authority from immigration judges to manage their own dockets; here is our response.
  • Press Release

Legal Organizations Sue ICE for Illegally Preventing Attorneys from Communicating with Detained Immigrants in Four States

October 13, 2022
Several legal services organizations filed a lawsuit today against Immigration and Customs Enforcement (ICE) for unlawfully preventing attorneys from communicating with immigrants detained in four detention facilities in Florida, Louisiana, Texas, and Arizona.
  • Press Release

AG Garland Restores Judges’ Discretion to Manage an Overburdened Docket

July 15, 2021
Attorney General Merrick Garland today restored immigration judges’ ability to administratively close deportation cases.
  • Press Release

Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures

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.
  • Press Release

DOJ Cuts Immigrants’ Access to Counsel in Latest Attack on Due Process

April 11, 2018
The Executive Office for Immigration Review (EOIR), part of the Department of Justice (DOJ), announced its intention to cancel the Legal Orientation Program (LOP) despite its immensely positive impact on judicial efficiency and fundamental fairness, and Congress’ express instruction to continue such programming, along with the provision of funding in the fiscal year 2018 appropriations bill, recently signed by the president.
  • Press Release

Federal Court Grants Nationwide Class Status in Suit to Protect Asylum Seekers

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.
  • Press Release

Court of Appeals Strengthens Government Transparency

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.
  • Press Release

New Report Details Catastrophic Impact of Mass Deportation and Family Separation Plans

October 2, 2024
A new report details the catastrophic costs of a potential mass deportation and family separation plan.
  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
  • Blog

Supreme Court Allows Deportations Without Adequate Notice, Backtracking on Previous Rulings

June 28, 2024

The Supreme Court made an about-face on June 14, holding that immigration judges may order noncitizens deported if they do not appear for their immigration hearings even if the government never...

  • Press Release

Iowa Blocks Hateful Anti-Immigrant Law

June 17, 2024
In a victory for immigrant communities and families, on June 17 a federal district court in Iowa issued a preliminary injunction to block SF 2340, one of the worst, most far-reaching immigration laws ever passed in the state of Iowa.
  • FOIA

Seeking Records from Immigration Courts about Processing FOIA and Records of Proceedings Requests

The Council seeks records from immigration courts about how they process record requests and comply with proactive disclosure requirements. This information will help advocates ensure that noncitizens in removal proceedings have access to their records and that the courts are complying with record disclosure requirements.
  • Blog

Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive

March 25, 2024

The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s...

  • Blog

A Shortage of Immigration Lawyers Is Another Barrier to Integration for Immigrants

January 31, 2024

Immigrants are now far more likely to face the complexities of the immigration court system alone, without an attorney. As of December 2023, only 30% of immigrants with pending cases have secured...

  • Blog

New EOIR Memo Updates Protections for Children in Immigration Court

January 18, 2024

A new memo issued last month by the Executive Office for Immigration Review (EOIR) lays out improved guidelines for immigration court cases involving children. The memo is a welcome acknowledgment...

  • Advocacy

Comment on Executive Office for Immigration Review Proposed Rule Regarding Restoring Appeal Procedures and Administrative Closure

Publication Date: 
November 7, 2023
The American Immigration Council and the American Immigration Lawyers Association submitted this comment in support of the proposed rule, "Appellate Procedures and Decisional Finality in Immigration...

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