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.  

Recent Features

All Immigration Courts Content

Publication Date: 
March 21, 2014
Noncitizens facing removal must have a meaningful opportunity to present their cases to an immigration judge. On occasion, noncitizens are deprived of this opportunity due to their lawyers’ incompetence or mistake. Although the government has recognized the need for a remedy for ineffective assistance of counsel, see Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), the framework currently used to evaluate whether ineffective assistance has occurred is severely flawed. The Council has long worked to protect the right to effective assistance of counsel for noncitizens in removal proceedings.
Publication Date: 
January 3, 2014
Long used in criminal trials, motions to suppress can lead to the exclusion of evidence obtained by the government in violation of the Fourth Amendment, Fifth Amendment, or related provisions of federal law. While the immediate purpose of filing a motion to suppress is to prevent the government from meeting its burden of proof, challenges to unlawfully obtained evidence can also deter future violations by law enforcement officers and thereby protect the rights of other noncitizens. The Supreme Court held in INS v. Lopez-Mendoza, 468 U.S. 1032 (1984), that motions to suppress evidence under the Fourth Amendment in immigration proceedings should be granted only for “egregious” violations or if violations became “widespread.” Despite this stringent standard, noncitizens have prevailed in many cases on motions to suppress.
Publication Date: 
November 29, 2013
At issue in the case is whether the Constitution and the immigration laws allow an immigration judge to enter a removal order without considering whether removal would be a disproportionate penalty under the circumstances. The amicus brief by the Council and the Post-Deportation Human Rights Project tells the stories of five individuals who either already have or soon will face the extreme penalty of deportation and a permanent reentry bar for minor or nonviolent crimes committed years earlier. The men and women featured in the brief share many attributes: all were lawful permanent residents; all established significant ties to this country; all left (or will leave) behind U.S. citizen family members; all committed nonviolent crimes; all have demonstrated rehabilitation; and none was afforded the opportunity to explain to the immigration judge why forcible removal from the country was unjustified under the circumstances. The brief throws into stark relief the real life human consequences of stripping judges of the ability to consider the totality of the circumstances before entering an order of removal.
Publication Date: 
January 4, 2013
The American Immigration Council, working with the National Immigration Project of the National Lawyers Guild, has repeatedly challenged the “departure bar,” a regulation that precludes noncitizens from filing a motion to reopen or reconsider a removal case after they have left the United States. The departure bar not only precludes reopening or reconsideration based on new evidence or arguments that may affect the outcome of a case, but also deprives immigration judges and the Board of Immigration Appeals of authority to adjudicate motions to remedy deportations wrongfully executed, whether intentionally or inadvertently, by DHS. We argue that the regulation conflicts with the statutory right to pursue reopening and, as interpreted by the government, is an impermissible restriction of congressionally granted authority to adjudicate immigration cases.
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.
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.
June 9, 2021

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...

June 3, 2021

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...

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 ...

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...

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...

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...

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...

January 21, 2021

During his campaign, President Biden promised that immigration reform would be one of his top priorities upon taking office. After unveiling the summary of a sweeping immigration reform bill on...

January 19, 2021

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...

January 8, 2021

This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election.  The backbone of a functioning justice...

November 13, 2012

Washington, D.C.—Last Friday, the U.S.

September 17, 2012

American Immigration Council Applauds Ruling
Allowing Immigration Judges to Consider Evidence of Hardship

May 31, 2012

Washington D.C. - Today, the American Immigration Council’s Legal Action Center released a report and filed a Freedom of Information Act (FOIA) lawsuit on the pressing issue of non

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

December 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Cir

August 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigra

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

May 18, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for con

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...

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.
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.
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.
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...

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.
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...

August 3, 2022

Thousands of immigration court cases have been dismissed this year for an astonishing reason: U.S. Customs and Border Protection (CBP) has failed to file the most basic paperwork with the courts....

Publication Date: 
May 26, 2022
The Council submitted a comment urging the Biden administration to reconsider the expedited timeframe in the interim final rule that will significantly hinder asylum seeker access to due process.
Publication Date: 
May 5, 2022
The Council submitted comments on USCIS suggested changes to Form G-639 and Instructions. The G-639 Form and Instructions are used to submit FOIA requests to USCIS by mail.

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