LexisNexis® Legal Newsroom
Immigration courts in prisons raise issues of due process, public access

TribLIVE, July 31, 2016 - "Raymond Lahoud stood before a judge in a federal immigration court here, arguing why he needed his client's son inside the courtroom. Marco Davilla, an Ecuadorian immigrant, had been accused by his ex-wife of assaulting his 12-year-old son. The son had told Lahoud...

It’s Children Against Federal Lawyers in Immigration Court

Fernanda Santos, New York Times, Aug. 21, 2016 - "Every week in immigration courts around the country, thousands of children act as their own lawyers, pleading for asylum or other type of relief in a legal system they do not understand. Suspected killers, kidnappers and others facing federal felony...

New Findings for Individuals Released on Bond in Immigration Court - TRAC (Sept. 14, 2016)

TRAC, Sept. 14, 2016 - " Court records show that at least half - and in some years upwards of two-thirds - of those who have been proposed by the Department of Homeland Security (DHS) for deportation in the Immigration Courts are held in ICE detention facilities. The records further show that...

TRAC: Priority Cases Overwhelm Immigration Court's Capacity to Handle

TRAC, Sept. 15, 2016 - " The number of judges continue to prove insufficient to handle the growing backlog in the Immigration Courts. The problems are particularly acute for handling even priority cases like those involving unaccompanied children and women with children according to the latest court...

Many Unrepresented Families Quickly Deported Via 'Rocket Docket" - TRAC

TRAC, Oct. 18, 2016 - "When families initially do not have an attorney to represent them, disposing of their cases quickly may prevent them from locating an attorney. Yet whether or not the family is represented is the single most important factor in whether families ultimately will win their case...

Immigration Court's Rising Backlog Now at 521,676 Cases - TRAC

TRAC, Nov. 9, 2016 - " The latest Immigration Court data show the growth in the court's crushing backlog of cases continued through the first month of FY 2017. During the month of October, the court's backlog rose by 5,645 cases, and reached 521,676. In California, the backlog rose to a...

Latest Asylum Denial Rates for Each Immigration Court Judge - TRAC

TRAC, Nov. 10, 2016 - " TRAC has just published the ninth in its long running series of reports covering each Immigration Judge's decisions on asylum cases. The latest report series consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between...

Federal Judge Orders U.S. to Reform Immigration Bond Practice - Hernandez v. Lynch

ACLU, Nov. 11, 2016 - "A federal judge has issued a preliminary injunction ordering U.S. officials to implement substantial reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. The ruling, issued late Thursday by Judge Jesus...

America's Toughest Immigration Court

Christie Thompson, Dec. 12, 2016 - "Stewart, and the adjoining immigration court that determines the fate of all its detainees, has the highest deportation rate in the country. That’s in part because the detainees at Stewart are among the least likely to find an immigration attorney. Lawyers...

Immigration Court Priority Family Case Backlog Surpasses 100,000 - TRAC

TRAC, Jan. 17, 2017 - "The number of judges is still insufficient to handle the growing backlog in the Immigration Court. The court's crushing workload reached a record-breaking 533,909 pending cases as the court closed out calendar year 2016, up 4.2 percent in just the last four months. ...

EOIR OCIJ Memo: Case Processing Priorities (Jan. 31, 2017)

EOIR, Jan. 31, 2017 - "This memorandum serves to rescind the February 3, 2016, memorandum ("Revised Docketing Practices Relating to Certain EOIR Priority Cases") and the March 24, 2015, memorandum ("Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children...

EOIR Posts New Hearing Location Details

EOIR, Mar. 17, 2017 - "As EOIR continues implementation of President Trump’s January 25th Executive Orders, immigration judges will begin to serve details to six locations on March 20th. Immigration judges in these six locations – Dilley, Texas; Jena, La.; Karnes City, Texas; Laredo...

Seattle Non-Profit Sues Feds over 2008 Representation Rules: NWIRP v. Sessions

NWIRP, May 8, 2017 - "Northwest Immigrant Rights Project filed a lawsuit in federal district court challenging an order from the Department of Justice instructing NWIRP to “cease and desist” from assisting unrepresented immigrants in deportation proceedings. The DOJ letter purports to...

FBA Keynote Address by Paul W. Schmidt - "Life at EOIR: Past, Present and Future"

LIFE AT EOIR – PAST, PRESENT, AND FUTURE By Paul Wickham Schmidt, Retired U.S. Immigration Judge Keynote Address, Federal Bar Association 2017 Immigration Law Conference, Denver, CO, May 12, 2017 "...My speech is entitled: “Life At EOIR, Past Present, and Future.” I will...

The Airport Lawyers Who Stood Up to Trump Are Under Attack

Rachel B. Tiven, The Nation, May 21, 2017 - "While the country has been fixated on President Trump’s firings, leaks, and outbursts involving the Department of Justice, that agency has itself been stealthily attacking our democracy by telling good lawyers to stop representing people. Four weeks...

Why New York's Immigration Court Is Even Busier, With Fewer Judges, Under Trump

Beth Fertig, WNYC, June 5, 2017 - "There are 29 immigration judges assigned to court rooms in the Federal Building in Lower Manhattan. But as the number of pending cases grew from about 70,000 in January to nearly 80,000 this spring, more and more people have been coming to court only to discover...

Immigration Court Dispositions Drop 9.3 Percent Under Trump: TRAC

TRAC, July 18, 2017 - " The latest available case-by-case data indicate that Immigration Court dispositions have dropped by 9.3 percent since President Trump assumed office. While a larger proportion of this declining total consist of removal orders, cases closed during the past five months (February...

Even More Immigration Judges are Reassigned in Trump's Border Crackdown

Beth Fertig, WNYC, July 20, 2017 - "In its crackdown on illegal immigration, the Trump administration is moving an increasing number of immigration judges closer to the border with Mexico. The practice is so widespread that half of New York City's 30 immigration judges have been temporarily...

Why Central American Asylum-Seekers Are Avoiding the Charlotte Immigration Court

Julia Preston, The Marshall Project, July 30, 2017 - "Migrants running from gangs do not easily fit into the classic categories for asylum, which offers protection to people fearing persecution based on race, religion, nationality or politics. Yet in some courts, artful lawyers have won for people...

Are IJs Granting Fewer Continuances?

Tessa Berenson, Time Magazine, Aug. 16, 2017 - "Under new guidance from the Trump Administration, immigration lawyers may be scrambling with less preparation time more often. On July 31, the Justice Department issued a memorandum to all immigration judges in the United States urging them to grant...

EOIR Immigration Court Practice Manual Updates (Nov. 2, 2017)

Click here to see all 2017 updates.

New York Program Makes Huge Difference in Immigration Court Outcomes

Dara Lind, VOX, Nov. 9, 2017 - "Soon, every eligible immigrant who gets detained in one of a dozen cities — including New York, Chicago, Oakland, California, and Atlanta — will have access to a lawyer to help fight their immigration court case. The change started at Varick Street. The...

Immigration Court Backlog Tops 650,000 - TRAC

TRAC, Jan. 4, 2018 - " During the first two months of FY 2018, the Immigration Court number of pending cases climbed by an additional 30,000. According to the latest case-by-case court records, the backlog at the end of November 2017 had reached 658,728, up from 629,051 at the end of September...

NYC Immigration Court Erodes Protections for Kids Without Lawyers

David Brand, CityLimits, Feb. 13, 2018 - "Over the past few months, finding legal representation has become even more challenging for immigrant children in New York City because Manhattan’s federal immigration court has eroded several of the practices and provisions designed to help children...

EOIR Posts Stats, Touts Transparency

EOIR, May 9, 2018 - "The Executive Office for Immigration Review (EOIR) today released immigration court statistics through the first two quarters of Fiscal Year 2018 (FY18). Today’s release of certain immigration court statistics is the first step in an effort to increase transparency into...