US Immigration Judges Ordered to Deny Time for Visa Processing in Mass Deportation Push

Key points

• Judges were told to deny continuances for individuals awaiting visa or green card approvals, even if the applications are approved but delayed by quotas.
• The new guidance discourages granting more than 10 days for immigrants to find attorneys, a deadline critics argue is impossible given the shortage of legal representation.
• Special Immigrant Juvenile status and U non-immigrant status for crime survivors are explicitly targeted by the training materials.
• The Executive Office for Immigration Review (EOIR) is part of the Department of Justice, allowing the Attorney General to influence court decisions.
• Only about 20% of immigrants were represented when ordered deported in June, compared to 25% in 2019-2024.

Background

This development follows a series of high-profile deportations and legal battles in 2026, including the removal of NFL pioneer Daniel Ogama Adongo for visa overstay and a federal judge blocking a 75-country visa denial policy. The current directive intensifies the administration's focus on expediting removals, contrasting with earlier judicial attempts to uphold individualized assessments in immigration cases.

Why it matters

The directive threatens the due process rights of vulnerable populations, including abused children and crime survivors, by prioritizing speed over legal protections. It exacerbates the crisis of legal representation, where the majority of deportees lack attorneys, potentially leading to unjust removals of individuals with valid claims to remain in the US.

What to watch

Immigration advocates and legal organizations are likely to challenge the new guidance in court, arguing it violates due process. The Department of Justice and EOIR will continue to enforce the policy to clear the backlog, while the number of denied continuances is expected to rise, increasing the rate of deportations for those with pending or approved documentation.