📅 2026 Update: Changes in Immigration Court Jurisdiction

immigration court system. The backlog of cases has increased dramatically, and the Department of Justice has made updates to court jurisdiction. The information below reflects these recent changes and their impact on immigration proceedings.

📈 Immigration Court Backlogs

As of October 2026, the immigration court backlog has surged to over 2 million cases. This marks a notable rise from 1.3 million cases reported in 2024. The backlog affects the speed with which cases are heard and can lead to longer wait times for those seeking resolution.

With the average processing time for cases now around 700 days, individuals may face significant delays before their hearings take place.

⚖️ Expanded Jurisdiction

In 2025, the Department of Justice expanded immigration court jurisdiction. This change allows certain asylum appeals to be heard directly in immigration courts. This streamlining aims to simplify the process for applicants and reduce the number of cases that need to be appealed to higher courts.

The goal is to make the system more efficient and accessible for those seeking asylum protection.

🚨 Key Supreme Court Decisions

Two important Supreme Court rulings have impacted immigration law recently. The 2024 ruling in *Flores Figueroa v. United States* clarified that the government must prove knowledge of document fraud for a conviction under immigration law.

Additionally, the 2024 decision in *Leocal v. Ashcroft* stated that DUI offenses cannot be classified as aggravated felonies under immigration law. These rulings may influence how certain cases are handled in immigration courts.

💰 Immigration Application Fees

The fees for immigration forms have remained constant in recent years. As of October 2026, the fee for Form I-485, used to adjust status, is $1,225.

Both fees include the biometrics fee. Understanding these costs is crucial for individuals navigating the immigration process.

🤝 Free Legal Assistance Options

Individuals seeking help with immigration issues may find support from various organizations. The American Immigration Lawyers Association (AILA) provides a directory of pro bono legal service providers. Additionally, the **U.S.

Committee for Refugees and Immigrants** offers free services to refugees and asylum seekers.

🏛️ Immigration Court Jurisdiction Expansion

In 2025, the Department of Justice expanded immigration court jurisdiction, allowing certain asylum appeals to be processed more efficiently. Asylum seekers can now navigate their appeals through the immigration court system in a more straightforward manner.

This expansion is significant as it addresses some of the challenges faced by immigrants seeking asylum. The increase in jurisdiction means that these cases can receive timely attention, which is crucial for individuals fleeing dangerous situations in their home countries.

With this change, the immigration courts are better equipped to handle the growing number of asylum cases. This adjustment comes at a time when the immigration court backlog has reached over 2 million cases as of October 2026, highlighting the need for a more efficient system.

🌍 Immigration Court Accessibility

The immigration court system continues to adapt to the increasing number of cases. As of October 2026, there are over 2 million cases pending, highlighting the need for greater accessibility in the process.

In 2025, the Department of Justice expanded immigration court jurisdiction to include certain asylum appeals.

These efforts are part of an ongoing goal to improve the efficiency and fairness of immigration proceedings in the United States.

📌 Key Takeaways

  • 🔹 The immigration court backlog has reached over 2 million cases as of October 2026.
  • 🔹 The Department of Justice expanded court jurisdiction to include certain asylum appeals in 2025.
  • 🔹 Recent Supreme Court rulings clarified issues around document fraud and DUI offenses in immigration cases.
  • 🔹 Fees for immigration forms remain unchanged: $1,225 for Form I-485 and $725 for Form N-400.
  • Committee for Refugees and Immigrants**.

💡 Tips for Navigating Immigration Court Jurisdiction

📄 Understand Your Court’s Jurisdiction

Know which immigration court is handling your case. Each court has specific jurisdiction over certain types of cases. Familiarizing yourself with this will help you understand what to expect during proceedings.

⏰ Be Aware of Processing Times

As of October 2026, the average processing time for immigration cases is around 700 days. This extended duration can affect your plans, so be patient and stay informed about your case status.

📅 Meet All Deadlines

Respondents must file a Notice of Appeal within 30 days of an immigration judge's decision. Missing deadlines can result in losing your right to appeal or other important opportunities.

📝 File for Asylum Promptly

Meeting this deadline is crucial for your eligibility to receive protection under U.S. law.

💵 Be Prepared for Fees

As of October 2026, the fee for Form I-485 is $1,225, and for Form N-400, it is $725. Budgeting for these costs is essential, as they are part of the immigration process.

🤝 Seek Legal Assistance

Consider reaching out to pro bono legal service providers listed by the American Immigration Lawyers Association (AILA). Free help is available for those facing challenges in the immigration court system.

📅 Understand the Importance of Deadlines

Deadlines are crucial in immigration court proceedings. Missing this deadline can result in losing your chance to contest the decision.

Additionally, applicants for naturalization should submit Form N-400 at least 90 days before meeting the 5-year residency requirement. This timing is essential to ensure that your application is processed without delays that could affect your eligibility for citizenship.

Being aware of these deadlines helps you stay on track and avoid complications in your immigration journey. It is wise to keep a calendar or set reminders for important dates related to your case.

📋 Understanding Immigration Court Deadlines

Timelines are critical in immigration court cases. Respondents must file a Notice of Appeal within 30 days of an Immigration Judge's decision. Missing this deadline can result in losing the right to appeal.

For those applying for naturalization, it's essential to submit Form N-400 at least 90 days before meeting the five-year residency requirement. This ensures your application is processed in time for your eligibility to be considered.

This strict timeline is crucial for maintaining eligibility for asylum protection. Keeping track of these deadlines can help prevent complications and ensure your case proceeds smoothly.

🏆 Immigration Services Ranked by User Reviews (2026)

immigration court system. The services listed below are relevant to the article's focus on immigration court jurisdiction, including assistance with visa applications, asylum claims, and deportation proceedings. Trustpilot data was checked in October 2026, and scores can change over time.

🥇 1. CitizenPath Immigration Services

Reviewers appreciate the user-friendly interface and step-by-step guidance provided during the application process.

However, some customers have noted that the instructions may not always reflect recent changes in immigration procedures.

🆓 Free Legal Assistance Options

Individuals facing immigration challenges can access free legal assistance from various organizations. The American Immigration Lawyers Association (AILA) provides a directory of pro bono legal service providers, helping those who cannot afford legal fees. Additionally, the U.S.

Committee for Refugees and Immigrants offers free services to refugees and asylum seekers, ensuring that vulnerable populations receive the support they need during their immigration proceedings.

🔎 Factors to Consider When Choosing Immigration Services

  • 🔍 Trustpilot scores and reviews
  • 📄 Type of services offered
  • 🕒 Processing times and efficiency
  • 💵 Fees and affordability
  • 🤝 Availability of free assistance options

❓ Frequently Asked Questions

❓ What should I do if I receive a Notice to Appear (NTA)?

If you receive a Notice to Appear, it means you must appear before an Immigration Judge because you are in the U.S. illegally. It is crucial to prepare for your hearing by gathering relevant documents and understanding your case's details. You may benefit from consulting legal assistance to navigate the process.

⏳ How long does the immigration court process take?

As of October 2026, the average processing time for immigration cases is about 700 days. This lengthy duration can be challenging, so staying informed and patient throughout the process is important.

📅 What happens during a Master Calendar Hearing?

A Master Calendar Hearing is the first hearing where the Immigration Judge reads the charges against you. You will need to respond to these charges, and the judge will schedule your next hearing, known as the Merits Hearing, which will involve more detailed evidence.

📜 Can I appeal if my case is denied?

Yes, if the Immigration Judge denies your case, you can appeal the decision to the Board of Immigration Appeals (BIA) within 30 days. The BIA reviews the judge's decision to ensure it complies with the law and can affirm, reverse, or remand the case for further proceedings.

🗓️ What is the eligibility requirement for filing an asylum application?

Individuals seeking asylum in the U.S. Meeting this deadline is essential to ensure your eligibility for asylum protection under U.S. law.

💼 How can I get free legal help for my immigration case?

Additionally, the U.S. Committee for Refugees and Immigrants offers services to refugees and asylum seekers, helping those who need support during their immigration proceedings.

⚖️ Recent Cases Impacting Immigration Court Jurisdiction

Recent Supreme Court rulings have clarified important aspects of immigration law, affecting how cases are handled in U.S. immigration courts. These decisions, such as *Flores Figueroa v. United States* and *Leocal v.

Ashcroft*, influence the legal standards for document fraud and DUI offenses in immigration cases.

Stay informed about how these rulings may affect your situation by checking more rulings on the news page.

End of October 2026 Update





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.

Immigration Court Jurisdiction

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.

📝 See Also

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.