Immigration Courts

Immigration courts play a crucial role in ensuring that immigration laws are applied fairly and consistently, providing due process to those facing removal. Learn more about issues facing the courts today and explore the actions we're taking to ensure the rights of immigrants are upheld and legal integrity is maintained.

Statement for the House Judiciary Committee on

Statement for the House Judiciary Committee on “Courts in Crisis: The State of Judicial Independence and Due Process in U.S. Immigration Courts”

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: The State of Judicial Independence and Due Process in U.S. Immigration Courts.” The statement shares our analysis and research regarding the systemic… Read More

Tent Immigration Courts Are Still Not Fully Open to the Public

Tent Immigration Courts Are Still Not Fully Open to the Public

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 government announced these secretive courts would finally be opened last week, but the public still does not have full access. For the… Read More

'Zero Tolerance' Overwhelmed Courts and Diverted Resources From Criminal Investigations

‘Zero Tolerance’ Overwhelmed Courts and Diverted Resources From Criminal Investigations

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 resources away from drug and organized crime prosecutions. The increase in immigration prosecutions, which played a primary role in the… Read More

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

Immigration Courts Further Limit Legal Help Available to People Facing Deportation

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 individuals can receive from “friend of the court” attorneys. The Executive Office for Immigration Review (EOIR), the agency which includes… Read More

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

What’s Happened to the People Returned to Mexico Under the Migrant Protection Protocols?

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 to Mexico to await their U.S. immigration court dates. It has since been expanded to six cities… Read More

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

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

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 reason, a recent report issued by the Transactional Records Access Clearinghouse (TRAC) is cause for alarm. Read More

The Perils of the Migrant Protection Protocols

The Perils of the Migrant Protection Protocols

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” program. Multiple recent accounts, including a report by Human… Read More

Administrative Closure Post<em>-Castro-Tum</em>

Administrative Closure Post-Castro-Tum

This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed. Read More

How the Immigration Court Reached a Record One Million Case Backlog

How the Immigration Court Reached a Record One Million Case Backlog

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 1,000,000 cases. Driven by new Trump administration immigration court policies and the growth in the number… Read More

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

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

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. This is what they’ve faced since the Trump administration sent them back to Mexico as part of the “Remain… Read More

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