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The Council commented on several issues addressed by the draft report, including video hearings (see page 4). ACUS’s draft report and the final recommendations, included that EOIR should consider more systemic assessments of the use of video hearings.
Beginning in the mid-1990s, the Executive Office for Immigration Review (EOIR) began using video hearing equipment in immigration courts across the country. As a result, frequently a noncitizen facing removal is deprived of the opportunity to appear in person before an immigration judge. Video hearings are more common where a noncitizen is detained, though many non-detained individuals are subjected to video hearings as well. EOIR uses video hearings for both preliminary hearings (“master calendar hearings”) and merits hearings (“individual hearings”). In February 2012, the American Immigration Council submitted a Freedom of Information Act (FOIA) request to EOIR asking for records related to video teleconferencing (VTC). EOIR produced two sets of records.
In November 2009, the American Immigration Council sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
The Council submitted a Petition for Rulemaking to the Department of Justice and the Executive Office for Immigration Review, urging the Department to rescind the regulation barring post-departure motions to reopen.
The Council, in collaboration with AILA, inter alia, urged EOIR to amend regulations pertaining to telephonic and video hearings (see page 4).
October 29, 2020

Over 60,000 people at the southern border have been forced to return to Mexico under the Trump administration’s Migrant Protection Protocols (MPP), also known as the “Remain in Mexico” program. As...

October 28, 2020

Once a year, National Pro Bono Week celebrates the pro bono work of lawyers, paralegals, and law students. Pro bono legal services—which come at no cost—are integral for many people otherwise left...

October 13, 2020

At a time when tensions over race in the United States are high, the U.S. Department of Justice (DOJ) announced in an October 8 memo that it will cancel all diversity and inclusion trainings for...

September 16, 2020

The Trump administration’s justification for ending administrative closure is on thin ice. A new report casts doubt on key arguments presented in a proposed regulation that would end the practice...

August 4, 2020

As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil. The Executive Office for Immigration Review (“EOIR”) initially...

June 9, 2020

With 1.2 million cases pending in immigration court, transparency into how the courts are run is more important than ever. Unlike traditional courts where records are public, the only way to get...

May 28, 2020

The Board of Immigration Appeals’ (BIA) hiring process for immigration appellate judges was recently revealed. Now, the integrity of the immigration court system has never been more in question....

May 12, 2020

The U.S. government rejects an immigrant’s entire application for a visa or immigration benefit over a single blank field on a form. Applications can be rejected if a box is left unchecked or has...

April 1, 2020

As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention...

March 17, 2020

The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency...

April 23, 2012

Washington, D.C.—On Friday, the American Immigration Council challenged a decision by the Board of Immigration Appeals (BIA) ruling that immigrants who are arrested without a warra

December 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Cir

August 15, 2011

Washington, D.C.—The American Immigration Council strongly condemns last week’s ruling from the Board of Immigra

June 24, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center (LAC) cautiously applauds last week’s

May 18, 2011

Washington, D.C.—The American Immigration Council’s Legal Action Center commends Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, for con

March 30, 2011

Washington D.C. - In a continuing effort to protect the right to judicial review and promote greater federal court oversight of immigration decisions, the American Immigration Coun

March 11, 2011

Washington D.C. - This week, the American Immigration Council's Legal Action Center, joined by the American Immigration Lawyers Association, submitted an amicus brief to

October 7, 2010

Washington D.C. - In a continuing effort to promote greater federal court oversight of immigration decision-making, the American Immigration Counc

June 8, 2021
The Council expressed concerns about the Biden administration's plans for a new type of expedited asylum proceedings.
June 3, 2021

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...

May 21, 2021

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...

May 20, 2021
This report analyzes the Biden administration's 100 days progress in reforming immigration enforcement and recommendations for how to best move forward.
May 19, 2021
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.
May 18, 2021
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.
May 13, 2021

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 ...

April 30, 2021

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...

February 26, 2021

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...

February 18, 2021

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...

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