Immigration Judges Told to Rush Deportations, Deny Delays
What if your green card is already approved — but a judge deports you before it arrives? That is now a real risk. Hundreds of US immigration judges attended a mandatory training session telling them to stop granting extra time in court, even when immigrants are waiting for approved visas or green cards.
What the training told judges to do
The training session, titled "Motions to Continue: Efficiently Advancing Cases to Completion," was led by Keith Hunsucker of the Board of Immigration Appeals — the appellate branch of the immigration court system. Hunsucker denied over 80% of asylum cases during much of his time on the bench. The session was mandatory, and hundreds of immigration judges across the country attended. Its core message: stop granting continuances. A continuance is a legal tool that gives immigrants more time — to find a lawyer, build a case, or wait for a visa or green card to be processed at another agency.
The training slides, shared exclusively with the Guardian, explicitly targeted some of the most vulnerable people in immigration court. They singled out the Special Immigrant Juvenile (SIJ) classification — a protection for abused, abandoned, or neglected children — and U non-immigrant status, which is for survivors of especially serious crimes. The slides argued that an approved visa petition should not delay deportation proceedings if the actual visa is not yet available due to annual quotas, even when the person has already qualified and is simply waiting. A deportation can permanently close off those legal pathways.
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Immigrant rights, appeals and protective measures
The training also discouraged judges from giving people more than 10 days to find an attorney before their case moves forward. One source familiar with the session told the Guardian: "I thought, who has time to find an attorney in 10 days?" That source added: "There is no room to be kind; there is only urgency to make them leave, one way or the other." The stakes are high. According to the American Immigration Council, from 2019 to 2024, only about a quarter of immigrants with attorneys were ordered deported — compared with over 60% of those without one. As of June 2026, only about one in five immigrants had legal representation when they were ordered removed.
The government's response
The Department of Justice said in a statement that "reducing the immigration court backlog remains one of the highest priorities for this administration" and that it is "hearing cases fairly, expeditiously, and uniformly, in accordance with the law." The Executive Office for Immigration Review (EOIR) — the agency that runs immigration courts and sits inside the DOJ, not the independent judicial branch — said it "prioritizes the timely completion of all cases." Critics argue the real effect is to push people out of the country before they can use legal protections they have already earned. The national immigration court backlog currently stands at roughly 3.2 million pending cases.
What to do
- If you have a court date coming up, contact an immigration lawyer immediately — do not wait. With only 10 days now being treated as the standard window to find representation, time is extremely short.
- If you are waiting for a visa or green card to be processed at USCIS, tell your attorney right away. They may be able to argue that your continuance request is not a delay tactic but a due process right.
- If you are an abused or neglected child or a crime survivor with a pending SIJ or U visa case, ask your attorney specifically how this training may affect your next hearing.
- Check the EOIR website (justice.gov/eoir) and your attorney's guidance for any updates on continuance policies at your local immigration court.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
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Under due process principles, an immigrant who has an approved visa petition or a pending SIJ or U visa application has a legitimate legal basis to request a continuance — and a judge's refusal to grant one may be grounds for an appeal to the Board of Immigration Appeals. If a judge denies your continuance request, ask your attorney to place a formal objection on the record immediately, because that objection preserves your right to appeal. Given how fast cases are now moving, anyone with an upcoming hearing should consult an immigration attorney before that date, not after.
Frequently Asked Questions
What is a continuance in immigration court?
A continuance is when a judge agrees to postpone your hearing to give you more time — to find a lawyer, gather documents, or wait for a visa or green card to be approved. The new training tells judges to grant these much less often.
Can a judge deport me if my green card is already approved but not yet issued?
Under the new training guidance, yes — judges are being told that an approved visa petition does not automatically stop deportation proceedings if the actual visa is not yet available due to annual quotas. This is one of the most alarming parts of the new policy for immigrants with pending applications.
Does this affect children and crime survivors too?
Yes. The training slides specifically named the Special Immigrant Juvenile (SIJ) classification for abused and neglected children, and U non-immigrant status for crime survivors, as categories where continuances should be restricted.
What happens if I cannot find a lawyer in 10 days before my hearing?
Under the new guidance, a judge may proceed with your case anyway. Immigrants without lawyers are ordered deported at a much higher rate — over 60% compared to about 25% for those with representation, according to the American Immigration Council. If you cannot find a lawyer in time, contact a local nonprofit immigration legal aid organization immediately.