Introduction
Immigration Court Jurisdiction is the power and authority of the Immigration Courts in the United States to hear and decide cases related to immigration and deportation. These courts are the ones that determine whether an immigrant can stay in the country or not. The immigration court system in the United States is operated by the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice (DOJ).
Every year thousands of people arrive in the United States seeking a better life. Some come here to study, work and live in America, while others are refugees who are fleeing their countries due to persecution, political violence, and other reasons. However, not all immigrants are eligible to stay in the country, and the Immigration Courts are the ones tasked with making this determination.
In this article, we will explore the jurisdiction of the Immigration Courts in the United States, how they operate, what happens during an immigration court hearing, and what options immigrants have if they are facing deportation.
What is Immigration Court Jurisdiction?
Immigration Court Jurisdiction is the power and authority of the United States Immigration Courts to hear and decide cases related to immigration and deportation. These courts hear cases involving a variety of issues such as asylum, deportation, family-based visas, employment-based visas, and more.
Immigration Courts are responsible for making decisions on whether an immigrant can stay in the United States legally or be deported. The court will consider the facts of the case, including the individual’s immigration history, criminal record, and other relevant information before making a decision.
The EOIR’s stated mission is to provide fair, impartial, and timely adjudication of all cases that come before the Immigration Courts. This mission is carried out through an interdisciplinary team of judges, attorneys, and support staff.
How Do Immigration Courts Work?
Immigration Courts are part of the EOIR, which is responsible for the administration of the immigration court system in the United States. There are currently 69 Immigration Courts located in 28 states and two territories across the US.
The Immigration Courts handle a wide range of immigration cases, including but not limited to:
– Removal proceedings: These are hearings held to decide whether a noncitizen should be removed or deported from the United States.
– Asylum claims: Asylum is a form of protection granted to individuals who are at risk of persecution in their home country. Asylum hearings are held to determine whether a noncitizen is eligible for asylum protection.
– Adjustment of status: These are hearings held to determine whether a noncitizen is eligible to adjust their status to become a Lawful Permanent Resident (LPR).
– Cancellation of removal: This is a form of relief that allows certain noncitizens to avoid deportation if they can demonstrate that their removal would result in “exceptional and extremely unusual hardship” to their family members who are US citizens.
– Bond hearings: Bond hearings are held to determine whether a noncitizen should be released from detention while they await their immigration hearing.
Immigration Court Proceedings
Immigration Court proceedings begin when an individual receives a Notice to Appear (NTA). This is a document that states that the individual is in the United States illegally and must appear before an Immigration Judge.
The first hearing is called a Master Calendar Hearing. During this hearing, the Immigration Judge will read the charges against the individual and will ask whether the individual admits or denies the charges. The judge will also set a date for the individual’s next hearing, which will be a Merits Hearing.
Merits hearings are lengthier than Master Calendar Hearings and involve more evidence. During a Merits Hearing, the Immigration Judge will listen to testimony and evidence from both sides before making a decision on whether the individual can remain in the United States legally or not.
Immigration Court Appeals
If an individual is not satisfied with the decision made by the Immigration Judge, they may appeal the decision to the Board of Immigration Appeals (BIA), which is the highest administrative body that adjudicates immigration cases in the United States.
The BIA has the authority to review decisions made by the Immigration Judges to ensure that they complied with the law and did not abuse their discretion. The BIA has the power to affirm, reverse, or remand the Immigration Judge’s decision for further proceedings.
If the individual is still not satisfied with the decision made by the BIA, they may appeal the decision to the federal court system.
Challenges Facing the Immigration Court System
The Immigration Court System in the United States faces a number of challenges, including:
– A backlog of cases: According to the Transactional Records Access Clearinghouse (TRAC), as of August 2021, there were 1.3 million cases pending before the Immigration Courts.
– Lack of resources: The Immigration Courts are severely understaffed, with just over 500 Immigration Judges employed by the EOIR as of August 2021.
– Political interference: The EOIR operates under the US Department of Justice, which can lead to the perception of political interference in the adjudication of immigration cases.
Conclusion
The jurisdiction of the Immigration Courts in the United States is an essential component of the country’s immigration system. These courts are responsible for deciding whether individuals should be allowed to stay in the country legally or be deported.
Despite the challenges facing the Immigration Court System, it remains one of the most important tools in the immigration system. As the country continues to grapple with immigration policy, it is essential that the Immigration Courts remain fair, impartial, and efficient in carrying out their mission.
Immigration judges have the initial jurisdiction in the removability of immigrants. That is to say, the decision rendered by the immigration judge in an immigration court is final, barring an appeal approved by the Board of Immigration Appeals. However, in immigration law there are many important decisions:
Make decisions regarding the removability, deportability
Adjudicate immigration applications for relief from removal or deportation, such as asylum
Review fear determinations made by the Department of Homeland Security
Make decisions in rescission of departure control and adjustment of status cases
Conduct review proceedings and custody hearings, as well as bond re-determination proceedings
Take actions consistent with immigration laws such as pre-hearing conferences and issuing subpoenas
This jurisdiction is governed and moderated by the Office of the Chief Immigration Judge, which is responsible for the overall supervision of immigration judges. The judges may also conduct disciplinary proceedings pertaining to accredited representatives such as immigration attorneys.
