Fact Sheet: Justice Department Improves Access to the Immigration Court System

As part of its ongoing efforts to increase and improve access to the immigration court system, the Executive Office for Immigration Review (EOIR) is creating a new leadership position within EOIR’s Office of the Director focused on improving access to the immigration system and finding innovative ways to increase representation rates for noncitizens in immigration court. This new role will serve as EOIR’s public facing point of contact for government and public stakeholders with business before, or interest in, EOIR.

The new leadership role will also work to amplify interagency immigration access initiatives by proactively communicating information about available immigration services across government agencies as well as work with other government agencies to determine how best to increase access to the immigration court system as a whole. They will also serve as a central coordinator for feedback on access and representation concerns in the immigration court system and lead efforts to design responsive programming to address legal access concerns.

EOIR also continues to expand on its ongoing access initiatives, including:

• Respondent Access Portal:
  • In July, EOIR announced the launch of the Respondent Access Portal, a secure online platform that allows unrepresented noncitizens with proceedings before EOIR to view case information and scheduled hearings, download their electronic case record, and file documents directly with the immigration court. The portal provides unprecedented ease of access to immigration court proceedings for unrepresented noncitizens, improving transparency and helping noncitizens better navigate the immigration court system.

• Attorney of the Day Program:
  • In this program, licensed attorneys provide unrepresented noncitizens in immigration court with general information about immigration court proceedings and relief options and attend preliminary hearings. Attorneys of the Day may be volunteers, legal service providers, or law school clinicians assisted by student practitioners. Attorneys of the Day may also explain immigration court forms and how to seek pro bono legal resources.
  • By the end of FY24, EOIR will expand the Attorney of the Day Program to three additional courts, Hyattsville, New York-Varick Street, and Atlanta-Peachtree. Attorney of the Day is currently available in San Francisco, New Orleans, and Chicago.

• Law School Working Group:
  • EOIR’s Law School Working Group facilitates law school clinic representation in immigration court. The Working Group activities include holding merits hearings during academic semesters, and increasing student engagement at immigration court hearings, including as Friends of the Court and through limited representation.

• • Over the next few months, the Law School Working Group will meet with law school representatives in DC and surrounding areas, Philadelphia, San Diego, Los Angeles, and San Francisco, in order to expand these efforts.

• Model Hearing Program:
  • EOIR’s Model Hearing Program provides current and future immigration law practitioners with substantive and practical information about practices and procedures in immigration court.

• • The Model Hearing Program encompasses a wide range of resources and events, including live Model Hearing Program events at immigration courts, recorded model hearings and substantive law seminars available on demand, and information about the immigration court system available through the Immigration Court Online Resource website.
  • Through the Model Hearing Program, EOIR has provided approximately 3,000 individuals with substantive training on immigration law as well as live practical training on representing noncitizens in immigration court.
  • EOIR plans to hold another live Model Hearing Program session in September.