If you or someone in your family has an open case in U.S. immigration court — or if you fear you might someday — there is urgent news you need to understand. The U.S. immigration court system is facing one of the most serious crises in its history: a backlog of over 3.5 million pending cases, the firing of experienced immigration judges, and a growing threat to the independence of the courts themselves. These changes are not abstract policy debates. They directly affect whether immigrants get a fair hearing and a real chance to tell their stories.
On June 4, 2026, the American Immigration Lawyers Association (AILA) published a powerful assessment of the state of U.S. immigration courts, written by AILA Media Advocacy Committee Chair Shannon Shepherd — an immigration attorney with over 20 years of removal defense experience. Her account is a clear-eyed warning to immigrants, their families, and anyone who cares about fairness in the U.S. legal system. Here is what you need to know.
What Is the Immigration Court System and Why Does It Matter?
The U.S. immigration court system, formally known as the Executive Office for Immigration Review (EOIR), is the court system that decides who can stay in the United States and who must leave. Immigration judges hear cases involving people who are in removal proceedings — meaning the government is trying to deport them. Many people who appear before immigration judges have lived in the United States for years, sometimes decades. They may have U.S. citizen children, steady employment, and deep ties to their communities.
Immigration court is where people apply for relief from removal — such as asylum, cancellation of removal, adjustment of status, or withholding of removal. These are legal protections that Congress created to give eligible people a fair chance to remain in the country. But those protections only work if the court system functions fairly, efficiently, and independently.
The stakes could not be higher. As AILA’s Shannon Shepherd writes: “In some cases, you hear about terrible circumstances from their past, and begin to understand why they made the hard decision to leave their home country. Their applications for relief from removal really mean something more than just a piece of paper or a green card.”
The Crisis: 3.5 Million Cases and Shrinking Due Process
As of 2026, the U.S. immigration court backlog has grown to over 3.5 million pending cases. That means millions of people are waiting — sometimes for years — for their cases to be heard. Average cases take 3 to 5 years to resolve, and some have been pending for more than 10 years.
Yet instead of addressing this backlog by hiring more qualified judges, the current administration has fired a significant number of experienced immigration judges. This makes no practical sense when there are millions of cases waiting to be heard. These judges had the deep knowledge of immigration law needed to make fair, well-reasoned decisions.
Even more alarming, some immigrants have reported being arrested when they showed up in good faith for their scheduled immigration court hearings. This is deeply damaging — not just for the individuals arrested, but for the entire system. When people fear that appearing for their court date will lead to their arrest, they are less likely to show up at all. This undermines the orderly processing of cases that the immigration system depends on.
The Threat to Judicial Independence
U.S. immigration judges currently work within the Department of Justice — they are employees of the executive branch of government, not independent Article III federal judges. This means their decisions can be influenced by administration policies in ways that federal judges’ decisions cannot.
Under the current administration, AILA reports that immigration judges are being evaluated in ways that prioritize the number of people ordered deported, rather than the quality of their legal reasoning. As Shepherd writes: “Metrics should not be based on the number of people a judge orders deported, it should be based on the quality of their decisions.”
This approach creates pressure on judges to deny cases quickly rather than give them the thorough review they deserve. The result: immigrants who may have valid legal claims are at greater risk of being ordered removed without a full and fair hearing.
AILA argues that immigration courts need to be independent of the Department of Justice — just like other court systems — so that judges can uphold their oaths to the Constitution rather than serve the agenda of any one administration.
What Congress Can Do: The Real Courts, Rule of Law Act of 2026
There is a legislative solution currently before Congress: H.R. 7836, the Real Courts, Rule of Law Act of 2026. This bill would establish an independent Article I immigration court system, separate from the Department of Justice. It would strengthen judicial independence, improve court efficiency, and help ensure that immigrants receive fair hearings based on the law — not on political pressure.
AILA is urging anyone who cares about fair immigration courts to contact their representatives in Congress and ask them to co-sponsor H.R. 7836. You can take action at aila.org.
What This Means for Your Immigration Case
If you have a case pending in immigration court, or if you are concerned that you or a family member may be placed in removal proceedings, here is what you should know:
- Always appear for your court dates. Missing a hearing almost always results in an order of removal issued in your absence. Even in today’s environment, appearing for your hearing is critical — and you should coordinate with an attorney beforehand if you have safety concerns.
- Hire a qualified immigration attorney if at all possible. Immigration law is, as Shepherd notes, “complicated, nuanced, and complex.” Having a lawyer significantly improves your chances of a fair outcome. Find an immigration attorney near you at ailalawyer.com.
- Know your rights. You have the right to be represented by an attorney in immigration court (though the government is not required to provide one for you). You have the right to a hearing before an immigration judge. You have the right to appeal certain decisions.
- Keep records of everything. Document your time in the United States, your employment, your community ties, your family relationships, and anything else that demonstrates your equities. This evidence is critical in any removal defense case.
- Do not ignore notices from immigration court. If you receive any documents from EOIR or the Department of Homeland Security, seek legal help immediately. Deadlines in immigration cases are strict and missing them can be devastating to your case.
The Road Ahead
The U.S. immigration court system has always been imperfect, but it has also been a place where people could tell their stories and seek protection under the law. The policies of the current administration — including mass firings of judges, arrest of people appearing for hearings, and pressure to prioritize deportations over due process — risk turning immigration courts into rubber-stamp deportation machines rather than genuine courts of law.
As Shannon Shepherd concludes: “Not everyone is qualified for asylum, or cancellation of removal… But everyone deserves a fair and impartial jurist to give them due process through a full and fair hearing.”
That principle — due process for everyone — is not just a legal nicety. It is the foundation of a just immigration system. Immigrants and their families deserve nothing less.
For the full details and legal guidance, visit the American Immigration Lawyers Association at aila.org or consult a qualified immigration attorney. You can also find an immigration lawyer near you at ailalawyer.com.
Immigration Fleet Law Firm