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.
Trump’s Budget Proposal Would Increase Harsh Immigration Enforcement
President Trump released his formal budget request to Congress for Fiscal Year (FY) 2019, which doubles down on his aggressive immigration enforcement agenda. The proposed budget seeks to fund the border wall, as well as increase funding for immigration enforcement, detention, and deportations. Much of it mirrors the yet-to-be-passed… Read More
The Basics of Motions to Reopen EOIR-Issued Removal Orders
This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about… Read More
Government Shuts Down While Negotiations Continue on Dream Act, but Most Immigration Functions Continue
With the national conversation focused squarely on Dreamers, Congress was unable to find common ground on a budget deal and has shut down the U.S. Government. Congressional leadership decided not to bring a vote on bipartisan Dream Act legislation. Instead, this was the fourth time in as many months that… Read More
Lawsuit Challenges Illegal Bond Hearing Practices in Charlotte Immigration Court
The lawsuit challenges the practice of three of the four sitting immigration judges in the Charlotte Immigration Court who refuse to conduct bond hearings—even though they are required to do so—and are consequently prolonging the detention of bond-eligible individuals for several weeks. Read More
Lawsuit Filed Against DOJ and Judges in North Carolina Who Refuse to Hold Bond Hearings
In a sharp departure from the practice of immigration courts around the country, immigration judges in North Carolina are refusing to conduct bond hearings for detained immigrants who come before the Charlotte Immigration Court. This unlawful, alarming, and unconscionable practice deprives noncitizens of their basic due process rights. Read More
Challenging Immigration Judges’ Refusal to Conduct Bond Hearings
This lawsuit challenges the actions of immigration judges in Charlotte, North Carolina who have refused to conduct bond hearings for people who properly file bond motions with the Charlotte Immigration Court. Read More
Already Facing a Backlog, Sessions Aims to Add 350,000 Cases to Immigration Courts
In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, invoking a federal statute that allows attorneys general to reconsider cases decided by the Board of Immigration Appeals, which hears appeals from immigration courts nationwide. Sessions referred the case to himself after an immigration… Read More
Court Rules Detained Iraqis Are Entitled to Bond Hearings
In another victory for over 300 Iraqis whose deportation was halted last July, a Michigan district court ruled that they must be permitted to seek bond while their immigration cases are pending. Many of the Iraqis were swept up in a massive enforcement action in June 2017 and have… Read More
Mexican Nationals and Detained Individuals Are Uniquely Disadvantaged in Immigration Court, Data Finds
Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum. For many, the ability to secure competent representation in immigration court is truly a matter of life… Read More
DOJ Threatens to Turn Immigration Judges Into ‘Assembly-Line Workers’
The Department of Justice (DOJ) is reportedly intending to implement numerical quotas on Immigration Judges as a way of evaluating their performance. This move would undermine judicial independence, threaten the integrity of the immigration court system, and cause massive due process violations. As it currently stands, Immigration Judges are… Read More
