Deportation Defense: Your Rights in Immigration Court 2026
A federal lawsuit is challenging how immigration courts handle deportation cases across the United States. The American Immigration Council is suing the agency that runs those courts, saying the system is stacked against people who cannot afford a lawyer. If you or someone you know is facing removal proceedings, what happens in that courtroom could change everything.
What Is American Immigration Council v. EOIR — and Why It Matters to You
A major legal challenge is putting a spotlight on how immigration courts run removal proceedings — the official legal process where a judge decides whether the government can deport you. The American Immigration Council filed a lawsuit against the Executive Office for Immigration Review (EOIR), the federal agency that runs the US immigration court system. The case raises serious questions about whether people in removal proceedings are getting a fair chance to defend themselves.
At the heart of the case is access to legal help and due process — your right to a fair hearing. Many people facing deportation defense cases appear in immigration court without a lawyer. Unlike in criminal court, the government does not provide you a free attorney in immigration court. That means if you cannot afford one, you must either find free legal help or represent yourself. The lawsuit argues that current court practices make it extremely hard for people — including asylum seekers in the USA — to get a fair hearing, especially when hearings move fast and documents are hard to understand.
Immigration Deadlines 2026 — Free
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What Happens During an Immigration Court Hearing
When ICE arrests someone and places them in removal proceedings, the process begins with a master calendar hearing — a short, first court appearance where the judge sets future dates and asks whether you have a lawyer. After that, you may have an individual merits hearing where you present your full case. If you are seeking asylum, this is where you explain why you fear returning to your home country. Missing any court date — even one — can result in an automatic deportation order issued without you present. That order is called an in absentia removal order, and it is very hard to undo.
What to Do
- Get legal help as soon as possible. Contact a nonprofit immigration legal services organization or an immigration lawyer right away. Many nonprofits offer free or low-cost help for people in removal proceedings.
- Never miss a court date. If you have a hearing scheduled, attend it — even if you do not have a lawyer yet. Missing court can lead to an automatic deportation order.
- Know your ICE arrest rights. You have the right to remain silent and the right to speak with a lawyer. You do not have to answer questions about your immigration status without an attorney present.
- If you want to apply for asylum, file Form I-589 (the application for asylum and withholding of removal) as soon as you can. As of April 1, 2024, there is no filing fee — Form I-589 costs $0 USD.
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Anyone placed in removal proceedings should treat their first master calendar hearing as urgent — showing up without counsel is a serious risk, because judges can move cases forward quickly. If you receive an in absentia removal order because you missed a hearing, you may be able to file a motion to reopen your case, but the window to do so is narrow and the legal standard is strict. Do not try to navigate this alone — consult a qualified immigration attorney as soon as you receive any court notice.