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.

DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings

DHS Issues New Guidance for Government Attorneys in Immigration Court Proceedings

U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) issued a new memorandum on May 27 that provides guidance on how its attorneys can and should exercise prosecutorial discretion. In the memo, which was made public on Friday, the lead government attorney for the Department… Read More

Coalition Letter Expresses Concerns About Proposed Expedited Asylum Process

The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings. Read More

Coalition Letter Urges Biden Administration to End Migrant Protection Protocols

The Council urged the Biden administration to improve MPP wind down processing and toy move ahead with a second phase to include all individuals subjected to MPP. Read More

Freedom of Information Act and Immigration Agencies

Freedom of Information Act and Immigration Agencies

This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. Read More

New 'Dedicated Docket' Could Rush Asylum-Seeking Families Through Court

New ‘Dedicated Docket’ Could Rush Asylum-Seeking Families Through Court

The Department of Homeland Security (DHS)  and the Department of Justice (DOJ) announced on May 28 the creation of a new “Dedicated Docket” in immigration court for the claims of asylum-seeking families. The goal of this new “rocket docket” is to complete most new cases within 300 days. A… Read More

Request to Repeal EOIR Rule Imposing Immigration Fee Increases

Request to Repeal EOIR Rule Imposing Immigration Fee Increases

The American Immigration Council and over 150 organizations supporting people in proceedings before the Immigration Courts or the Board of Immigration Appeals (BIA) sent a letter to the Executive Office of Immigration Review (EOIR)—which oversees immigration courts and houses the BIA— to request the repeal of the EOIR rule that… Read More

New Report Examines Biden’s Approach to Immigration Enforcement

A new American Immigration Council report examines the Biden administration’s approach to the U.S. system of immigration enforcement during its first 100 days in office. Read More

Tracking the Biden Agenda on Immigration Enforcement

Tracking the Biden Agenda on Immigration Enforcement

This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward. Read More

First Round of Biden Immigration Judges Fails to Increase Diversity

First Round of Biden Immigration Judges Fails to Increase Diversity

The Biden administration announced its first round of immigration judge appointments on May 6. Unfortunately, the immigration court appointments do not show the commitment to diversity that President Biden has demonstrated in his federal court appointments.  All of the new judges had received conditional offers from the Trump administration. The current administration was under no obligation… Read More

Supreme Court Rejects Government Practice of 'Notice-by-Installment' in Niz-Chavez v. Garland

Supreme Court Rejects Government Practice of ‘Notice-by-Installment’ in Niz-Chavez v. Garland

The U.S. Supreme Court ruled this week in Niz-Chavez v. Garland that immigration law requires the government to give noncitizens complete notice about the initiation of their immigration court case at one time. The April 29 ruling denounces the government’s current practice of providing necessary information over time and in… Read More

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