How U.S. Immigration Court Works
A complete guide to the U.S. immigration court system — from how cases start to how they end.
Overview
U.S. immigration courts are part of the Executive Office for Immigration Review (EOIR), a division of the Department of Justice. They are not part of the federal judicial system — they are administrative courts, which means different rules apply.
There are currently 88 immigration courts across the United States, staffed by over 1,400 immigration judges. These courts handle all removal proceedings — cases where the government seeks to deport someone from the country.
Step 1: Notice to Appear (NTA)
Immigration court cases begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) to an immigrant. The NTA specifies the charges — the immigration violations alleged. Common triggers include:
- Apprehension at the border
- Visa overstay detected
- Criminal conviction making someone deportable
- Asylum application after arriving in the U.S.
Step 2: Master Calendar Hearing
The first hearing is usually a short "master calendar" hearing where the judge:
- Confirms the immigrant's identity and address
- Reads the charges
- Asks if the immigrant has a lawyer
- Sets a date for the next hearing
These hearings are often very short (5-10 minutes) and may be done by video from detention facilities.
Step 3: Individual (Merits) Hearing
The merits hearing is where the actual case is decided. The immigrant (or their attorney) presents evidence and testimony. The DHS trial attorney argues for deportation. The judge makes a decision.
For asylum cases, this is where the applicant tells their story of persecution, presents supporting evidence, and is cross-examined by the government attorney. The judge then makes a credibility determination and applies the legal standards.
Step 4: Decision
Possible outcomes include:
- Removal order: The immigrant is ordered deported
- Voluntary departure: The immigrant agrees to leave voluntarily
- Asylum granted: The immigrant is allowed to stay as an asylee
- Other relief: Cancellation of removal, withholding of removal, or other forms of protection
- Termination: The case is closed without a removal order
Step 5: Appeal
Either side can appeal to the Board of Immigration Appeals (BIA). If the BIA upholds the decision, the immigrant can petition for review in a federal circuit court.
Key Differences from Criminal Court
- → No right to a lawyer: The government doesn't provide one
- → No jury: A single judge decides everything
- → Lower standard of proof: "Clear and convincing evidence" vs. "beyond reasonable doubt"
- → Not Article III courts: Judges are DOJ employees, not independent
- → Civil proceedings: Despite life-altering consequences