Immigration courts are special administrative courts that only hear immigration-related cases, primarily removal (deportation) cases, and asylum claims. The entire immigration court system is run by the Department of Justice (DOJ)’s Executive Office for Immigration Review (EOIR). There are more than 70 immigration courts and adjudication centers across the country, plus the Board of Immigration Appeals (BIA), an appeals body for those who do not agree with a decision that has been made. The exact number changes as courts open and close.
Immigration courts are civil courts, not criminal. There is some topical overlap in terms of what cases immigration courts and criminal courts will hear; e.g., one of the reasons that a person can be deported is a criminal conviction for certain crimes. Any criminal law proceedings will be handled in the criminal courts, and the impact of a criminal court’s verdict on the foreigner’s immigration status will be decided in the immigration courts.
The EOIR Office of Legal Access Programs has created numerous self-help materials with many helpful resources for foreigners, including information on what to do if the foreigners have moved or missed a hearing. They have also established the Virtual Law Library, which contains legal resources and country conditions research resources (helpful for recognizing whether a particular country is undergoing a situation that gives rise to the need for U.S. asylum.
Generally, immigration court proceedings are open to the public. An overview of when immigration court hearings might be closed, as well as general guidelines for behavior when observing immigration court hearings, are available through each immigration court’s website. Note that electronic devices, including audio/visual recordings of hearings and taking photographs, are prohibited in immigration court.
Where Are Immigration Courts Located?
Immigration courts are located in places where there is a high immigration population. As of 2026, there are immigration courts in 29 states and 2 U.S. territories. This number can change as courts open and close. The states and territories where the courts are located are:
- Arizona
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Louisiana
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Northern Mariana Islands
- Ohio
- Oregon
- Pennsylvania
- Puerto Rico
- Tennessee
- Texas
- Utah
- Virginia
- Washington
In addition to these permanent locations, immigration courts sometimes set up temporary ones. These temporary courts are often located in cities with many immigration cases but are not sizable enough to justify establishing a permanent immigration court in that area.
In addition to hearing cases in court, immigration court judges will often hold various hearings at Department of Homeland Security detention centers and federal, state, and local correctional facilities.
How Many Immigration Judges Are There? How Many Cases Do They Have?
As of mid-2026, there are nearly 700 immigration judges who “advise noncitizens of their legal rights, hear testimony, make credibility findings and rulings on the admissibility of evidence, entertain legal arguments, adjudicate waivers and applications for relief, make factual findings and legal rulings, and issue final orders of removal.”
There are more than 3 million pending immigration cases. That means the average immigration judge has a backlog of several thousand cases.
What Rights Do Immigrants Have in the Immigration Court System?
Immigrants, even undocumented, possess basic rights under the U.S. Constitution. Specifically, the 14th Amendment guarantees due process and equal protection to all “persons” in the United States, not just citizens. In immigration court, immigrants have a right for their cases to be presented and heard – they cannot be deported without a hearing, for example.
Because the immigration court system is civil rather than criminal, immigrants have the right to retain counsel but are not provided a lawyer free of charge if they can’t afford one. Most people in immigration court do not have a lawyer. In recent government data, fewer than 3 in 10 people had a lawyer when a removal order was issued.
Due process is often compromised in exchange for the service of speed. While many immigrants can get in front of an immigration judge to plead their cases, a growing number are deported under expedited removal procedures.
What is the Current Case Backlog and What is Being Done About It?
The case backlog peaked at more than 3.5 million cases in early 2025. It has since fallen to about 3.2 million as of mid-2026. The backlog grew for years because new cases came in faster than the courts could close them. The average wait for a hearing is still often two years or more. In the busiest courts, it can stretch to four years or longer.
To cut the backlog, the government has hired hundreds of new immigration judges, including temporary judges. It has also pushed judges to close cases faster and dismissed some lower-priority cases. Some courts have opened while others have closed as caseloads shift.
Contacting a lawyer can help you understand the overall immigration process, and they can answer any questions you have along the way. They can also help you avoid mistakes and errors that might cause unnecessary delays in the immigration process for you.
Can Immigration Court Decisions Be Appealed?
Individuals receiving an adverse finding can appeal to the BIA. The BIA decides appeals through paper reviews rather than in courtroom proceedings, although in extremely rare circumstances, the BIA will hear oral arguments at their headquarters. The BIA decisions are binding unless modified or overruled by the Attorney General or federal courts.
The BIA reviews findings of fact and credibility determinations under a “clearly erroneous” standard, meaning that the original decision will be reversed if it was clearly wrong. All other issues brought up in the first court are reviewed de novo, meaning that the BIA considers those issues on its own, not relying on the conclusions of the first court.
If the individual loses their appeal before the BIA for some matters, such as a final order of removal, they may file a petition for review in the federal Court of Appeals in their respective circuit where the original case was filed. These petitions must be filed within 30 days of the BIA decision. Unlike the BIA’s procedure, which allows people to stay in the United States while their immigration appeal is being decided, there is no automatic stay of deportation for appeals brought before the federal Court of Appeals. This places the individual at risk of removal.
Although the Attorney General can refer cases to him or herself to overturn BIA rulings, this is not common.
Do I Need a Lawyer for Immigration Court?
If you are undergoing immigration proceedings, you must hire an immigration attorney in your area. An immigration attorney can advise you through the immigration process and fight for your interests. It is always best to consult with an immigration lawyer if you go to immigration court, given that your immigration status is at stake.
Immigration laws and rules can be complex, but an attorney can research the laws for you and explain how they apply to your specific situation. They can also keep you updated if there are changes to the laws that might affect your immigration rights and options.
