Immigration Courts in Texas

The immigration court is an administrative court that has to decide if a non-citizen has the right to enter or stay in the United States. It is officially known as the Executive Office for Immigration Review (“EOIR”). Immigration judges preside in immigration court proceedings. In addition to deciding whether an alien should be allowed to remain in the U.S., immigration court judges also sometimes consider bond amounts as well as different forms of relief from removal.

There are over 60 immigration courts throughout the U.S. According to the EOIR, 13 of these immigration courts are in Texas. 

Immigration courts often hear cases at several locations in the U.S. Hearings may be held in person but also by video conferencing with the immigration judge and the immigrant located in different places. For example, Dallas Immigration Court resolves deportation cases of individuals residing in North Texas. On the other hand, the San Antonio Immigration Court is responsible for settling immigration cases or petitions for immigrants living in South Texas. The Houston Immigration Court is entrusted with the task of dealing with immigration cases involving non-detainees.

The United States immigration process can be intimidating for people looking to live and work in the U.S. Working with an attorney during the immigration process can be extremely helpful.

What Cases Are Heard in an Immigration Court?

Immigration court cases typically involve non-citizens who have been charged with immigration law violations by the Department of Homeland Security (DHS). The cases generally begin when the ICE officials (Immigration and Customs Enforcement) and CBP agents (Border Protection) issue a “Notice to Appear” to an alien. If an immigration judge grants the removal order, the DHS can start the deportation process.

Although the DHS attorney usually represents the U.S. government in immigration hearings, aliens don’t have a right to an attorney if they can’t afford one, unlike in the criminal court procedure. As a result, aliens often appear and represent themselves without skilled legal representation or help.

Texas Immigration Courts and the Pending Cases Backlog

It seems that in recent years, the EOIR has become increasingly unable to timely adjudicate the hundreds of thousands of cases it receives from DHS. As a result, the immigration court system is facing a growing backlog of pending cases.

Immigration courts in Texas have a considerable backlog – it is estimated that there are over 300,000 pending cases. The same estimates show that the Dallas Immigration Court faces more than 100,000 pending immigration cases. San Antonio Immigration Court and Houston Immigration Court are following closely.

Because of the backlog, certain individuals will have to wait years to have their cases resolved.