What should I know before an immigration court hearing?

If you are an asylum seeker with a hearing in immigration court soon, read this page for recent updates. This page includes: why some immigration court cases are ending without a full hearing, how to prepare for the possibility of detention, how to request a virtual (online) hearing, what happens if you do not attend an immigration court hearing, and how to ask for a full hearing if the government tries to end your case early.

The situation is rapidly changing. To learn about what is happening at your immigration court, you can try to find a lawyer in your area. 

Why are some immigration court cases ending without a full hearing, and are there steps I can take?   

The government is ending some cases in immigration court before the asylum seeker receives a full hearing. This can be called denial, dismissal, or pretermission. Some reasons are below, along with steps you can try to take. 

• Initial asylum fees: A judge can end your asylum case if you applied for asylum on or after July 4, 2025 and you have not paid a $100 initial filing fee. If you are submitting a new asylum application in immigration court, pay the filing fee on this immigration court website and include the receipt when you file your asylum application. If you submitted your asylum application between July 4, 2025 and September 22, 2025 without including the $100 fee, pay the fee before your hearing.

• Annual asylum fees: Some judges are claiming that a $100 annual asylum fee must be paid – even though there is currently no clear way to pay this fee. If you applied for asylum at least 1 year ago and you have a hearing very soon, you may want to try paying the annual fee before your hearing, even though there is no official process set up yet. Learn more here.

• Not enough facts: The government says that judges can deny asylum cases without a full hearing if they decide the asylum case is not strong enough or if the answers in the asylum application are not detailed enough. If you have additional information or evidence to add to your asylum application, you can try to submit it before your hearing. You may want to talk with a lawyer before your hearing if possible.

• Problems with the passport or certificate of service: Some judges have ended cases because the asylum seeker did not include all pages of their passport from cover to cover with their asylum application, or the asylum seeker did not complete the certificate of service correctly. If you need to make corrections to the passport or certificate of service, make the corrections and submit them to the immigration judge and the government attorney before your hearing.

• Spanish-speaking countries: Starting in September 2025, ASAP has heard reports that the government may try to deny asylum cases of Spanish-speaking asylum seekers in immigration court without full hearings and deport them to Honduras or Guatemala to seek asylum there instead, even if they are not from Honduras or Guatemala. There may be some exceptions for unaccompanied minors and maybe people from Cuba and Venezuela. This situation is very new, and we do not know many details at this time. We will update this page as we learn more.

• Expedited removal: Around May to August 2025, the government dismissed many asylum cases and put immigrants in a faster deportation process called expedited removal. However, as of August 29, 2025, a court has ordered that the government can only put people in expedited removal in very limited circumstances. Learn more. 

Can I be detained at my immigration court hearing?

Yes. The government can detain anyone who has an immigration court case, but detention is more likely if your immigration court is ended. 

As of September 2025, the government has slowed down arrests in some immigration courts, but continues arrests in others. To learn about what is happening at your immigration court, you can try to find a lawyer in your area. 

If you are planning to attend an immigration court hearing in person, here are some things to know before you go: 

• You can try to find a lawyer to attend your hearing with you. Having a lawyer does not stop you from being detained, but a lawyer can try to advocate for you. Even if you do not have a lawyer to go with you, it can be useful to speak with a lawyer before the hearing about your specific case.

• You can also consider asking a friend or family member who is a U.S. citizen to go with you to your hearing to support you, so they can tell others if you are detained. They may want to bring proof of their U.S. citizenship. It could also be helpful if they speak English.

• If you are applying for asylum, you can bring a copy of your stamped asylum application, or you can prepare an asylum application to submit at the hearing. Showing proof that you are applying for asylum does not stop you from being detained, but it can help you make an argument to the judge that you are ready to continue fighting your case.

• If you have any applications pending at USCIS that are not related to asylum (for example, a marriage-based green card application), you can bring a copy of the receipt notice. If you have U.S. citizen children, bring a copy of their birth certificates. These documents do not stop you from being detained, but they can be helpful facts for a judge to consider.

• If you are going to a hearing, you can prepare for the possibility of detention. Eat a full meal beforehand and drink plenty of water. If you are detained it could be many hours before you can eat again. Wear comfortable clothes, and bring a sweater or jacket in case the detention facility is cold. 

• Memorize the phone number of at least one person you trust or write their number on your arm, so that you can call them if you lose access to your phone. Ask them if they can help in case of an emergency (for example, help picking children up from school). Make sure they know your full name, A number, and date and country of birth. Make sure they know where to find your important documents. If you have a lawyer, make sure they know how to contact your lawyer. See another organization’s sample emergency plan. 

Learn more about immigration detention.

Is it possible to request a virtual (online) hearing?

Yes, but the request may be denied. Whether the request is granted depends on many factors, including the location of your immigration court, your judge, the reasons why you are requesting a virtual hearing, and if you have a lawyer. To request a virtual hearing you can try calling the immigration court or use this Virtual Hearing Template. 

Learn more about virtual hearings.

What happens if I do not attend my immigration court hearing? 

If you do not attend your immigration court hearing, your asylum case will likely end, and you will likely receive a deportation order for missing your hearing. Receiving a deportation order can make it more difficult for you to qualify for legal status in the future. If you have a deportation order, ICE can also arrest and quickly try to deport you if they encounter you anywhere. 

If the government tries to end my case in immigration court, is there anything I can do to ask for a full hearing?

If the judge or the government lawyer says that they want to end your case without a full hearing, you can ask why. You can try to share more information that applies to your case – below are some examples. However, please know that it may be difficult to stop a judge from ending your case. The chances of success will depend on many factors, including the location of your court and your judge. 

• If the judge says there are missing details in your asylum application, you can ask to correct your asylum application, or ask for time to prepare corrections. 

• If the judge says there are missing documents, you can tell the judge that you will submit them as soon as possible. 

• If the judge says that your asylum case is not strong enough, you can ask the judge for time to submit more evidence in support of your case. 

• If the judge says you need to pay the annual asylum fee, you can explain that there is no way to pay the annual asylum fee currently. You can offer to pay the initial $100 asylum fee online and show proof of payment, if you have not done that already. 

• If the government lawyer says that they want to dismiss your case, you can tell the judge if you need more time to respond to the government’s request. If you are afraid to return to your country of origin, you can tell the judge, and explain what danger you will experience if you are deported.

• If the government lawyer says they want to send you to a third country and you would be afraid to go to that third country, you can explain why. You can ask for more time to respond to the government’s request. 

• If there are people in the U.S. who depend on you, especially children or U.S. citizen relatives, that can also be helpful to share. If it applies in your case, you can tell the judge if your detention would separate your family or leave your children or U.S. citizen relatives without care.

As always, we will do our best to keep asylum seekers updated as we learn more information.