What U.S. Citizens Need to Know About Immigration Court

December 03, 2024

With over three million cases pending as of 2024, according to Boundless, immigration court plays a critical role in addressing violations of U.S. immigration laws.

Many U.S. citizens are unaware of how these courts function or how to help loved ones facing hearings. Today we're taking a closer look into the immigration court process, exploring the roles of judges, the structure of hearings, and possible outcomes.

What Is Immigration Court?

Immigration court exists to resolve disputes about immigration status and compliance with U.S. immigration laws. Its primary focus is on cases involving individuals who may be subject to deportation or who are seeking relief, such as asylum.

These courts handle cases for individuals detained by Immigration and Customs Enforcement (ICE) and those who are not detained. Their authority extends to matters like removal proceedings, adjustment of status, and voluntary departures.

Immigration courts do not handle criminal offenses. Instead, they focus on administrative cases that determine whether someone can remain in the country. 

The Role of Immigration Judges

Immigration judges are responsible for overseeing hearings and making decisions in cases related to U.S. immigration laws. They work under the Department of Justice and are required to remain impartial while applying the law to each case. Their role is central to ensuring that individuals involved in immigration proceedings receive a fair hearing.

Judges preside over removal proceedings, where they determine whether someone may remain in the U.S. or must leave. They also decide on applications for relief, such as asylum or cancellation of removal. Each decision is based on evidence presented during the hearing and the legal standards outlined in immigration laws.

Their decisions can significantly impact the lives of individuals and families, making their role one of great responsibility. Understanding the work of immigration judges provides insight into the broader immigration court process.

Understanding Immigration Hearings

Immigration hearings are a central part of the immigration court process. These hearings determine whether a person can remain in the United States or must leave. 

Master Calendar Hearings

These are preliminary hearings where cases are scheduled, legal issues are identified, and procedural matters are addressed. They are often brief but critical for setting the groundwork.

Individual Hearings

These are full hearings where evidence is presented, witnesses may testify, and the immigration judge makes a final decision based on the case details.

Possible Immigration Court Outcomes

Immigration court outcomes vary depending on the case presented and the evidence provided. The most common outcomes include deportation orders, voluntary departure, or relief from removal. Deportation orders require the individual to leave the U.S., while voluntary departure allows someone to leave without a formal removal record.

Relief from removal may involve asylum, cancellation of removal, or adjustment of status, depending on eligibility. Each outcome is based on the immigration judge's review of the facts and application of U.S. immigration laws.

Immigration Court Assistance

Understanding immigration court is essential for navigating its complexities and supporting loved ones through the process.

We understand the stress of securing an immigration bond for a loved one. Since 1974, we've helped thousands navigate this process, offering 24/7 support for fast and reliable results. Once the collateral is provided, we handle the paperwork, often securing same-day release.

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