Some immigration court hearings moved to federal buildings, where few would expect to find a courtroom, starting in September 2026. Border Report calls them “pop-up” courts. Lawmakers and immigration attorneys say it has been difficult to get inside, even for those fully entitled to be there.
Rep. Greg Stanton of Arizona learned the hard way. On September 23, he went to observe hearings at a courtroom set up inside FEMA headquarters in Washington, D.C. ICE officers turned him away, along with his staff and House Judiciary Committee staff. His office said the Justice Department, ICE, and FEMA all had cited another agency as the lead on access. Finally, DHS let Stanton in alone. By then the room was clear. No one on the docket had appeared.
Stanton also wondered why a FEMA building is being used for court hearings in the middle of hurricane season. He and Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, wrote a letter to the administration demanding answers. Stanton said a second pop-up courtroom is operating on the third floor of a DHS building in New York City. The White House has reportedly asked DHS to find courtroom space in additional cities including Los Angeles, Denver, Miami and San Antonio.
Why it matters
You can’t go to a hearing if you can’t find it. People are missing their court dates because they can’t find the courts, says Kel White, with the Acacia Center for Justice, a nonprofit that provides free legal aid to immigrants. She was also refused when attempted to act as counsel in one of those courtrooms.
Missing an immigration hearing has major consequences. A judge can order a person removed in absentia; the deportation order is entered without the person ever making their case. In some cases, it is possible to reopen that type of order, but it is far more difficult than just showing up to the hearing in the first place.
“These are not listed as courts and largely operate outside of public view,” said Greg Chen of the American Immigration Lawyers Association. He also says lawyers have been unable to locate detained clients using ICE’s Online Detainee Locator System. A lawyer who can’t find a client can’t advise them, or meet filing deadlines, or prepare a defense. Advocates say that’s a due process problem.
The Executive Office for Immigration Review says it is making schedule adjustments and opening new hearing locations, if necessary, to keep cases moving.
What you can do
If you or a family member have a case in immigration court:
- Check your hearing date and location on EOIR’s Automated Case Information portal before each hearing, including the morning of your hearing.
- If you move to a new address, you must notify the court within five days on Form EOIR-33.
- If the hearing location looks unfamiliar, you cannot find the courtroom, or a relative is in detention but does not show up in ICE’s locator, call your attorney immediately.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.