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.
Jeff Sessions Nominated to Serve as Attorney General
Alabama Senator Jeff Sessions will be nominated to serve as Attorney General in President-Elect Trump’s new administration. The following is a statement from Beth Werlin, Executive Director of the American Immigration Council. Read More
How the Immigration Court Backlog Would Skyrocket Under Donald Trump’s Plan
For more than a decade, the immigration court system has struggled with an enormous backlog. The latest figures from (TRAC) record the backlog at an all-time high of 521,676 as of the end of October, the first month in Fiscal Year (FY) 2017. The data release coincides with… Read More
Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application
This lawsuit challenged obstacles faced by asylum-seekers in satisfying the statutory requirement that they apply for asylum within one year of entering the United States. Read More
Ninth Circuit Finds Court Has No Authority to Hear Lawsuit Seeking Access to Counsel for Children
In 2014, a legal challenge was mounted against the federal government for its failure to provide legal representation to indigent children in deportation proceedings. The case, F.L.B.. v. Lynch was brought by the American Immigration Council, American Civil Liberties Union, the Northwest Immigrant Rights Project, Public Counsel, and K&L… Read More
Immigrants’ Access to Legal Representation Is Unequal and the Consequences Are Serious
Nationally, only 37 percent of all immigrants had legal representation, and only 14 percent of immigrants in detention had a lawyer. In a paper issued today, Access to Counsel in Immigration Court, Ingrid Eagly and Steven Shafer analyzed 1.2 million individual removal cases in immigration court between fiscal years… Read More
Access to Counsel in Immigration Court
Immigrants in immigration court do not have a right to government-appointed counsel. The lack of legal representation has a profound impact on immigrants’ outcomes in removal proceedings. Read More
Court of Appeals Strengthens Government Transparency
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. Read More
Fifth Circuit Finds Motions to Reopen Can Be Equitably Tolled
The decision strongly reaffirms the importance of immigrants’ statutory right to file a motion to reopen, a procedural protection meant to ensure a proper and lawful outcome in an immigration proceeding. Read More
Court Rejects Government Attempt to Redact Names of Immigration Judges
This summer, the District of Columbia Circuit Court of Appeals ruled in favor of the American Immigration Lawyers Association (AILA) in its lawsuit seeking the disclosure of unredacted versions of complaints filed against immigration judges. To date, the government has refused to turn over the names, locations, and genders… Read More
Despite Immigration Judge Hiring, Court Backlogs Continue to Grow
The latest figures show that the number of cases pending in immigration court continue to grow. According to the Transactional Records Access Clearinghouse (TRAC), there were 496,704 cases in the backlog as of the end of March. This is almost 40,000 more pending cases than Executive Office of Immigration… Read More
