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AILA Doc. No. 20051400 | Dated March 5, 2021
This page tracks historical updates related to EOIR’s operational status during the coronavirus pandemic. Please note that this page is not updated in real time. For the latest information, AILA recommends that you check with the local AILA Chapter EOIR Liaisons as well as EOIR’s Operational Status page and EOIR’s Twitter account @DOJ_EOIR.
Overview | Individual Immigration Court Operational Status | Migrant Protection Protocols | BIA Operational Status | General Operational Status Updates | AILA Correspondence and Advocacy Resources | Litigation | Congressional Updates | Media Resources | Other Resources
Last updated March 5, 2021, at 10:30 pm (ET).
EOIR's Date of Proposed Reopening | Location |
---|---|
June 15, 2020 | Honolulu *EOIR announced on 8/24/2020 that non-detained hearings at this location are postponed through and including 8/31/2020. |
June 29, 2020 | Boston, Dallas, Las Vegas, Buffalo, Hartford, and New Orleans *Dallas initially resumed non-detained on 6/29 but closed on 7/2 and is now in the general pool of non-detained courts without a previously-announced reopening date. |
July 6, 2020 | Cleveland and Philadelphia |
July 13, 2020 | Newark, Baltimore, and Detroit |
July 20, 2020 | Arlington |
August 10, 2020 | Omaha |
September 8, 2020 | Salt Lake City |
September 14, 2020 | Charlotte, Denver, and Orlando |
September 21, 2020 | Los Angeles – N. Los Angeles Street, Los Angeles – Olive Street, and Los Angeles – Van Nuys Boulevard |
September 28, 2020 | San Diego, Phoenix, Tucson, San Francisco, and Sacramento *Reminder, EOIR issued a notice on 6/22/2020 about the relocation of the San Diego Immigration court, effective 6/29/2020. |
October 13, 2020 | Atlanta and Seattle |
October 16, 2020 | Miami |
October 19, 2020 | Imperial |
For additional resources, see EOIR’s webpage, EOIR's Twitter account @DOJ_EOIR, and EOIR's Facebook page. Also see EOIR’s Policy Memo 20-13: EOIR Practices Related to the COVID-19 Outbreak (6/11/2020) and information about filing by email with Immigration Courts and with the Board of Immigration Appeals.
AILA is using the documents below to track the historical operational status for individual immigration courts. Please note that the individual pages are not updated in real time. For the latest information, AILA recommends that you check with the local AILA Chapter EOIR Liaisons as well as EOIR’s Operational Status page and EOIR’s Twitter account @DOJ_EOIR. If you would like to share additional updates about the operational status of an immigration court with AILA, please fill out this form.
For more information, see AILA’s Practice Alert on the DHS/DOJ Joint Statement Rescheduling MPP Hearings.
DHS and EOIR issued a joint statement postponing MPP hearings and in-person document service through, and including, July 17, 2020. DHS and EOIR anticipate the resumption of hearings on July 20, 2020. Also see EOIR’s tweet.
Law360, Trump Admin Tries To Clarify Muddled 'Remain In Mexico' Plan
“According to the American Immigration Lawyers Association, the U.S. Department of Homeland Security confirmed the correct directions. The confusion arose after DHS issued a public statement May 10 saying that individuals with hearings dates up to June 22 should arrive a month later to receive new dates, only to have a DHS official tell a human rights nonprofit days later that migrants with some June dates should stick to their original dates.”
DHS and EOIR issued a joint statement noting the following adjustments to the temporary postponement of Migrant Protection Protocols (MPP) hearings:
Joint DHS/EOIR Statement on MPP Rescheduling
The National Association of Immigration Judges (NAIJ) announced via Twitter on April 28, 2020, that “NAIJ has learned that MPP dockets will be suspended until at least May 15, 2020. No public announcement by EOIR.”
EOIR announced via Twitter on April 1, 2020, at 11:01 am (ET) that “Due to the pandemic and new CDC guidelines, MPP hearings scheduled through May 1, 2020, have been postponed. Individuals should present themselves on previously scheduled date to receive tear sheets and hearing notices with new hearing dates.” EOIR also linked to EOIR’s Operational Status page in the Tweet.
DHS and EOIR Postpone MPP Hearings Scheduled Through May 1, 2020
Due to continued circumstances related to COVID-19 and newly-issued guidance from the Centers for Disease Control and Prevention, the Departments of Justice and Homeland Security have determined to extend the temporary postponement of Migrant Protection Protocols (MPP) hearings scheduled through Friday, May 1, 2020. All presently scheduled hearings will be rescheduled. The Departments will continually review conditions related to COVID-19 and will make further determinations as necessary in order to ensure that all MPP hearings can proceed as expeditiously as possible when appropriate.
Any individual with an MPP hearing date through Friday, May 1, 2020 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates.
Joint DHS/EOIR Statement on MPP Rescheduling:
Due to circumstances resulting from COVID-19, all Migrant Protection Protocol (MPP) master calendar and merit hearings presently scheduled through April 22 will be rescheduled. Neither the MPP program nor any hearings will be cancelled.
Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. DHS and EOIR are deeply committed to ensuring that individuals ‘have their day in court’ while also ensuring the health and safety of aliens, our frontline officers, immigration court professionals, and our citizens.
San Diego Union-Tribune reporter Kate Morrissey shared that CBP San Diego stated on a press call that there is a 48 hour suspension of MPP returnees crossing for court hearings that started the morning of March 23, 2020.
EOIR announced via Twitter on March 15, 2020, at 10:49 pm (ET) that “all non-detained aliens' master calendar hearings scheduled 03/16-04/10 are postponed. Usual operations for filings except Seattle. All other hearings proceeding.” After EOIR’s announcement, NAIJ tweeted “We have been told MPP is going forward.”
The Board of Immigration of Appeals is expected to disable its temporary email addresses for filings on September 18, 2020, based on the Arlington Immigration Court resuming non-detained court hearings on July 20, 2020. Pursuant to EOIR’s Policy Memo 20-13: EOIR Practices Related to the COVID-19 Outbreak, email addresses for filings with the BIA and OCAHO will be deactivated within 60 days of the resumption of non-detained hearings by the Arlington Immigration Court.
See EOIR policy memo 20-13: EOIR Practices Related to the COVID-19 Outbreak, “The Board and OCAHO will deactivate their respective email filing systems developed during the COVID-19 outbreak within 60 days of the resumption of non-detained hearings by the Arlington Immigration Court.”
The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR announcement via Twitter on April 7, 2020, at 12:02 pm (ET) that “The BIA is now accepting certain filings by email. For guidelines and more information, please visit EOIR’s website.” EOIR also linked to a new page, Filing by Email – Board of Immigration Appeals in the Tweet. EOIR also sent this update via email on April 7, 2020, at 12:01 pm (ET).
EOIR announced via Twitter on September 4, 2020, at 9:04 am (ET):
EOIR announced via Twitter on August 31, 2020, at 1:34 pm (ET):
EOIR announced via Twitter on August 24, 2020, at 11:45 am (ET):
EOIR announced via Twitter on August 17, 2020, at 2:16 pm (ET):
EOIR announced via Twitter on August 10, 2020, at 12:14 pm (ET):
EOIR announced via Twitter on August 3, 2020, at 1:47 pm (ET):
EOIR announced via Twitter on July 27, 2020, at 12:23 pm (ET):
EOIR announced via Twitter on July 20, 2020, at 12:51 pm (ET):
EOIR announced via Twitter on July 6, 2020, at 11:27 am (ET):
EOIR announced via Twitter on June 29, 2020, at 11:56 am (ET):
EOIR announced via Twitter on June 15, 2020, at 10:45 am (ET):
EOIR issued new policy memo 20-13: EOIR Practices Related to the COVID-19 Outbreak - June 11, 2020
On June 9, 2020, DOJ’s Justice Management Division (JMD) published the following memo on its website dated May 15, 2020: Department Framework for Returning to Normal Operations Status. This memo provides information about the phased reopening of immigration courts.
EOIR announced via Twitter on May 15, 2020, at 1:30 pm (ET), that “All hearings in non-detained cases are postponed through, and including, Friday June 12, 2020. Visit EOIR’s website for the latest operational status of courts nationwide." In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 15, 2020, at 1:13 pm (ET).
EOIR announced via Twitter on May 4, 2020, at 2:23 pm (ET) that “Hearings in non-detained cases are postponed through May 29, 2020. For the operational status of EOIR operations nationwide, please visit the EOIR website.” In the tweet, EOIR linked to its page, EOIR Operational Status During Coronavirus Pandemic. EOIR sent this update via email on May 4, 2020 at 2:22pm (ET).
EOIR announced via Twitter on April 21, 2020, at 8:30 am (ET) that "Hearings in non-detained cases are postponed through May 15, 2020." EOIR also sent this update via email on April 21, 2020, at 8:31 am (ET).
CNN: Justice Department employees told to wear face coverings in Common Areas – April 15, 2020
EOIR published a new policy memo on April 3, 2020, PM 20-11, containing updated policies for signatures on documents filed with the immigration courts and the Board of Immigration Appeals.
EOIR announced via Twitter on March 31, 2020, at 6:28 pm (ET) that “EOIR has established temporary email accounts for immigration courts nationwide to facilitate electronic filing for all parties while the rollout of the EOIR Court & Appeals System (ECAS) is delayed due to COVID-19.” The tweet linked to EOIR’s new page, Filing by Email.
The NAIJ Urgently Calls for Immediate Implementation of Required Health and Safety Measures for the Immigration Courts During the Coronavirus Pandemic – March 30, 2020
EOIR announced via Twitter on March 30, 2020, at 7:36 pm (ET) that “Hearings in non-detained cases are postponed through May 1, 2020." The Tweet linked to EOIR’s operational page. EOIR also sent this update via email on March 30, 2020 at 7:35 pm (ET).
EOIR Email Sent to Stakeholders Announcing New Listserv and the Latest Information on Current EOIR Operations (Sent on March 26, 2020, at 9:15 pm (ET)). See EOIR Statement on Current Operations (Sent on March 26, 2020 at 9:10pm ET).
EOIR announced via Twitter on March 24, 2020, at 7:51 pm (ET) that "Effective tomorrow, the below immigration courts reopen for the limited purpose of accepting filings. Parties are encouraged to file documents by mail, and there is no requirement that documents be filed in person. Non-detained hearings are still postponed.”
Deleted EOIR Tweet: EOIR initially announced via Twitter on March 24, 2020, at 6:12 pm (ET) that “Effective tomorrow, the below immigration courts reopen for the limited purpose of accepting filings. All filings due during the closures and today are now due. Due dates for future filings remain. Non-detained hearings are still being postponed.” See Law360 article, Chaos, Confusion Reign As Immigration Courts Stay Open.
On March 22, 2020 at 6:20 pm (ET), ICE communicated to AILA that, generally, only those conducting in-person contact visits need personal protective equipment (PPE) (UNLESS a particular facility has more restrictive rules), but that AILA members should still check with the facility on their individual policy.
ICE added language to its COVID-19 guidance stating that “ICE/ERO now requires all legal visitors, CODELs, and STAFFDELs to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) while visiting any detention facility.” Local ICE offices have reached out to some chapters directly with similar guidance and have stated that visitors will have to provide the PPE themselves. It appears that this requirement will apply to courts operated by DHS and located in detention centers. There is no indication at this time that this requirement would apply to courts operated by EOIR and outside of detention centers.
The National Association of Immigration Judges (NAIJ) shared a letter from EOIR on Twitter that provided the following guidance:
EOIR issued a memo (PM-20-10, Immigration Court Practices During the Declared National Emergency Concerning the COVID-19 Outbreak) with guidance on immigration court practices during the COVID-19 outbreak, including a note that effective 3/18/20, EOIR deferred hearings for all non-detained cases until 4/10/20. On March 19, 2020, EOIR issued an addendum to PM-2010.
EOIR announced via Twitter on March 18, 2020, at 4:42 pm (ET) that “Emergency filing locations for the closed immigration courts are for emergencies only. Filings due during the closures will be considered timely filed if received on the courts next business day. Deadlines for open courts remain.”
EOIR announced via Twitter on March 17, 2020, at 11:55 pm (ET) that “Effective March 18 all non-detained hearings postponed: these immigration courts closed: ATL Peachtree, Charlotte; HOU Gessner; Louisville; Memphis; NYC, Broadway & Fed Plaza; Newark; Sacramento; LOS – Olive. Check website for updates.” Also see EOIR issued a statement released on March 18, 2020, at 12:30 am (ET).
EOIR announced via Twitter on March 17, 2020, at 11:52 pm (ET) that “The case info hotline and online application may not be updated for cases postponed due to operational changes during the pandemic. Information will be updated upon issuance of a new hearing notice. Court documents remain the official source of info.”
EOIR announced via Twitter on March 15, 2020, at 10:49 pm (ET) that “all non-detained aliens' master calendar hearings scheduled 03/16-04/10 are postponed. Usual operations for filings except Seattle. All other hearings proceeding.” After EOIR’s announcement, NAIJ tweeted “We have been told MPP is going forward.”
Yahoo News reporter Caitlin Dickson shared a statement from an EOIR spokesperson on EOIR’s response to COVID-19.
EOIR Comment – March 13, 2020
EOIR Director James McHenry sent AILA's EOIR Liaison Committee the following statement:
The Department of Justice continues to work closely with the Vice President's Task Force, the Centers for Disease Control and Prevention (CDC), and State and Local Government leaders regarding the coronavirus (COVID-19) situation. Attorneys with cases in immigration court have longstanding information readily available to them about the filing of motions to continue, which immigration judges will adjudicate based on the unique facts of each case and relevant situation to include active illnesses of all varieties. Although the operational situation may change as new information is received, immigration courts will continue to address cases, including any motions to continue, in accordance with the applicable law. Any changes to the operating status of a court will be communicated to staff, respondents, and the public.
On March 10, 2020, at 1:47 pm (ET), NAIJ tweeted that “The posters are going up! Thank you everyone who retweeted and commented. This is just one example of why the immigration court should be independent from @TheJusticeDept. We need #JudicialIndependence to #ProtectDueProcess. Please follow us on Twitter.”
For more information see CNN article, Justice Department backtracks on removing CDC coronavirus posters from courtrooms
On March 9, 2020, at 7:01 pm (ET), NAIJ tweeted that “EOIR has ordered immigration court staff to remove CDC posters designed to slow spread of coronavirus. No, this is not a parody account.”
National Association of Immigration Judges Provides Guidance to Judges on COVID-19 and the Immigration Courts
National Association of Immigration Judges Correspondence to EOIR Regarding Coronavirus
Cite as AILA Doc. No. 20051400.
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