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.
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
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
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
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
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
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
A Federal Defender System for Immigrants Is Long Overdue
The stakes in immigration court could not be higher—many people face the possibility of being permanently torn away from their families and communities in the United States. Others seeking protection in the U.S. risk being forced back to dangerous conditions in their home countries. Despite these extraordinarily high stakes, immigrants… Read More
In a Win for Transparency, Court Orders Board of Immigration Appeals to Make Immigration Court Decisions Public
The Second Circuit has found that the Board of Immigration Appeals (BIA) must publish immigration decisions, reversing an earlier federal district court decision. The case challenged the Department of Justice’s longstanding practice of failing to publish immigration decisions by the BIA—the highest administrative court deciding immigration cases—in any… Read More
Coalition Letter on Continued Issues in Immigration Courts During COVID-19 Pandemic
The American Immigration Council urged the Biden administration to address the ongoing impact of the COVID-19 pandemic on immigration courts that continue to place everyone's health at risk during what has become the greatest period of community spread of COVID-19. Read More
