Respondent
In U.S. immigration court, the person facing removal proceedings is called the "respondent." This term reflects the civil nature of immigration proceedings — unlike criminal court, where the accused is called the "defendant," immigration court uses its own terminology to distinguish the administrative process from the criminal justice system.
The respondent is the individual whom the Department of Homeland Security has charged with being removable from the United States. They are named in the Notice to Appear (NTA) and appear before an immigration judge who will determine their case. The government is represented by an ICE trial attorney, who argues for the respondent's removal.
Respondents in immigration court come from all walks of life and circumstances. They may be asylum seekers fleeing persecution, long-term residents who committed criminal offenses, individuals who overstayed visas, people apprehended at the border, or family members of U.S. citizens caught in technical immigration violations. The diversity of respondents' backgrounds and claims contributes to the complexity of the immigration court system.
One of the most significant aspects of being a respondent in immigration court is the lack of a guaranteed right to counsel. Unlike criminal proceedings, where the Sixth Amendment ensures representation for those who cannot afford an attorney, immigration respondents must secure their own legal representation or proceed pro se (without an attorney). Studies estimate that roughly 40% of respondents in immigration court are unrepresented, a figure that rises to over 80% for detained individuals.
The disparity in outcomes between represented and unrepresented respondents is dramatic. Research consistently shows that respondents with attorneys are 3-5 times more likely to obtain a favorable outcome. For asylum seekers specifically, having an attorney can increase the grant rate from single digits to over 50%, highlighting the critical importance of legal representation in these proceedings.
Related Terms
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
NTA (Notice to Appear)
The charging document that initiates removal proceedings. Filed by DHS (usually ICE or CBP), it lists the factual allegations and charges of removability against the respondent. Receipt of an NTA is the starting point of an immigration court case.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.
ICE (Immigration and Customs Enforcement)
The DHS agency responsible for interior immigration enforcement, detention, and removal. ICE attorneys serve as the "prosecution" in immigration court, arguing for the deportation of respondents.
Grant of Relief
A favorable decision where the immigration judge allows the respondent to remain in the U.S. This includes asylum grants, cancellation of removal, adjustment of status, withholding of removal, and other forms of protection.