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.

I Visited Biden's MPP Tent Courts. The Changes Since Trump Don't Fix the Program's Flaws.

I Visited Biden’s MPP Tent Courts. The Changes Since Trump Don’t Fix the Program’s Flaws.

More than two years after visiting the Trump administration’s “Migrant Protection Protocols” (MPP) tent courts in Laredo, Texas, I returned to see how they had changed under the Biden administration. While some changes have been made, they haven’t resolved the program’s biggest flaws, such as the danger asylum… Read More

ICE’s New Guidance to Government Attorneys Aims to Reduce Immigration Court Backlog

ICE’s New Guidance to Government Attorneys Aims to Reduce Immigration Court Backlog

U.S. Immigration and Customs Enforcement (ICE) issued a long-awaited memo on Sunday to guide ICE attorneys on exercising their prosecutorial discretion in immigration court. Authored by ICE’s Principal Legal Advisor Kerry Doyle, the memo’s stated goal is to ensure that ICE focuses its limited resources effectively and pursues… Read More

Investigating the Immigration Court System

Investigating the Immigration Court System

This Freedom of Information Act (FOIA) request seeks to uncover information about the hiring process for the position of Assistant Chief Immigration Judge (ACIJ) and the influence of these judges over the immigration courts. Read More

The Board of Immigration Appeals Will Now Provide the Public with Access to Its Unpublished Decisions

The Board of Immigration Appeals Will Now Provide the Public with Access to Its Unpublished Decisions

Immigrants and their representatives will gain access to decisions of the Board of Immigration Appeals (BIA) that were not publicly available. As a result of a settlement of a lawsuit filed by the Public Citizen Litigation Group on behalf of New York Legal Assistance Group, the BIA has agreed… Read More

Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys

Immigration Court Comes Into the 21st Century with Electronic Filing for Attorneys

Immigration courts will soon take a big step into the digital age. On February 11, 2022, immigration attorneys, accredited representatives, and Department of Homeland Security (DHS) lawyers, will be required to electronically file immigration court paperwork in new immigration cases. This update won’t make the immigration court system fully paperless. Read More

New Report Amplifies Concerns About 'Dedicated Docket' for Asylum Seekers

New Report Amplifies Concerns About ‘Dedicated Docket’ for Asylum Seekers

When the Biden administration announced a new “dedicated docket” in immigration court for families seeking asylum at the border, many advocates raised concerns that the docket would forgo due process for efficiency’s sake. This was the case for the “rocket dockets” that existed under President Obama, which suffered from… Read More

New Memo to Immigration Judges Reaffirms Availability of Administrative Closure

New Memo to Immigration Judges Reaffirms Availability of Administrative Closure

The Executive Office for Immigration Review (EOIR) issued a memorandum last month providing guidance to immigration judges about administrative closure—a critical tool for docket management and addressing an ever-growing immigration court backlog. EOIR Director David Neal issued the memo in response to the recent Attorney General decision in Matter… Read More

Coalition calls on Congress to Fund Appointed Counsel in Immigration Proceedings

Coalition calls on Congress to Fund Appointed Counsel in Immigration Proceedings

The American Immigration Council joined a coalition letter asking Congress to support funding for appointed counsel for immigration proceedings for Fiscal Year 2022. Read More

Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier

Department Of Justice Urges Immigration Courts to Help Make Pro Bono Representation Easier

Research has long shown that access to a lawyer is one of the most important factors that determines whether an immigrant in removal proceedings will be able to remain in the United States. A new policy from the Biden administration is aimed to increase access to counsel by making… Read More

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South. Read More

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