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.

Immigrant Rights Groups Demand Timely Bond Hearings and Legal Protections for Asylum Seekers

Immigrant Rights Groups Demand Timely Bond Hearings and Legal Protections for Asylum Seekers

Yesterday, plaintiffs in an ongoing lawsuit challenging the U.S. government’s targeted efforts to obstruct asylum seekers filed a motion for preliminary injunction demanding timely bond hearings that comport with due process. Read More

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence

Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed immigration court system and directed judges to carry out the Trump administration’s punitive, anti-immigration agenda. While many would have… Read More

Motions for a Continuance

Motions for a Continuance

This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making the motion to advanced issues of jurisdictional bars to appellate review of continuances. Read More

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

The Department of Justice (DOJ) released “Phase I” of its review of the federally-funded Legal Orientation Program (LOP) this week. The review came after Attorney General Jeff Sessions attempted to end the program in April but was forced to reverse that decision after receiving significant bipartisan pushback from Congress. Read More

Challenging Credible Fear Interview and Bond Hearing Delays

Challenging Credible Fear Interview and Bond Hearing Delays

This case challenges the punitive practice of keeping asylum seekers in custody for weeks or months without access to credible fear interviews or bond hearings and the lack of basic procedural protections—like hearing transcripts and written decisions—in bond hearings, as well as whether asylum seekers must bear the burden of proof in bond proceedings. Read More

Sessions' Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

Sessions’ Decision Places New Burdens on Individuals in Removal Proceedings and Immigration Judges

Attorney General Jeff Sessions issued a decision on continuances in immigration court that both recognized their importance and decried their alleged overuse.  This decision will have widespread implications for immigration court process. The case, Matter of L-A-B-R-, addresses circumstances under which an immigration judge can continue a case so a… Read More

Immigration Judges’ Union Fights for Judicial Independence

Immigration Judges’ Union Fights for Judicial Independence

The National Association of Immigration Judges (NAIJ), the union that represents the nation’s immigration judges, is challenging the government’s decision to remove an immigration judge from a well-known case and replace him with a judge who immediately ordered the immigrant in the case deported. NAIJ’s grievance… Read More

Detaining Families

Detaining Families

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 fiscal years 2001 and 2016, this report documents how families detained in the United States’ family detention centers proceeded through the court process. Read More

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

DHS to Restart Deportation Cases for Hundreds of Thousands of Immigrants

Recently released internal communications at Immigration and Customs Enforcement (ICE) reveal a plan to restart the deportation cases of hundreds of thousands of people whose cases are currently administratively closed. This initiative has the potential to swell the immigration court backlog (currently at 730,000 cases) to… Read More

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

Immigration Judges Are Rejecting More Asylum Requests Under the Trump Administration

The Trump administration is working hard to undermine the asylum system through additional and unnecessary barriers, making it more difficult for those seeking refuge in the United States to be granted asylum. This is an ominous trend given that the U.S. government’s decision to either grant… Read More

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