07. The Hearing Notice
Also known as the "Hearing Notice."
Hearing Notice from the Immigration Court. You should also receive a Hearing Notice from the Immigration Court telling you of the time and location of your Immigration Court hearing. This is another important notice because this will give you contact information for the Immigration Court and the time for you to appear in Court. If you don’t have an attorney, the clerk of the Immigration Court is going to be your best source of “how to.” So, before your Immigration Court hearing, you should make sure you know where the Clerk’s office is located and the courtroom where you will have to appear.
In telling you that the Immigration Court’s clerk’s office is the best source of “how to,” you should not expect that they are going to give you legal advice or strategy tips. They should, however, be able to tell you what needs to be filed and when. In other words, they can help you with the procedure – not the law.
Another reason to go to the Immigration Court Clerk’s office before your hearing is to learn what the current policy is for appearing for your next hearing whether in person, by video, or telephone. They should also be able to give you the video login or telephone number to call. You should know that the current policy on video or telephonic appearances is a decision of your Immigration Judge. There is no broad policy. So don’t believe what someone else says about appearing by video or telephone. Even if an ICE Officer tells you to appear by telephone or video, take the time and go to the Immigration Clerk’s office and ask the clerk. This is important because this has been a source of confusion for a lot of immigrants. Bottom line: If you are not represented by an attorney, it is best to appear in person at the Immigration Court on the day of your court hearing.
It is a good idea to have someone go with you to court. First, it's scary because you may not understand the process and it's in a different language. Second, there may be people walking around in uniforms. Third, you are probably afraid that you will be detained and put into jail. As of October 2024, if you do not have a violent felony and have not been previously deported, it is very unlikely you will be detained. But you may still have anxiety about going to Immigration Court and this anxiety may make it difficult for you to take in all the information. Ask the person who is goes with you to listen to the information, make notes of important dates and applications that you might be given at the hearing. Immediately after the Immigration Court hearing, compare the information with the person helping you. If you have any questions or believe you might of heard information differently, go to the clerk's window and ask to clarify the information.
Find someone you trust, or reach out to churches or other community organizations and ask whether they have volunteers who are willing to accompany you to your Immigration Court hearing. But even if you cannot find someone to go with you, trust that you will be okay. It took a lot of courage to make the journey to the United States. You have the courage to handle the Immigration Court.
If you have children, and the are also in Removal Proceedings, you must bring them to every court hearing. After your first hearing in front of the Immigration Judge you may ask permission to leave your children at home for the next court hearing. But make sure the Immigration Judge gives you permission to do so. If you have children who are not in Removal Proceedings and cannot find childcare, it is okay to have them with you in Court. It is a good idea, however, to have someone with you to help entertain and distract the children while you speak to the Immigration Judge.
Remember, that just as you may be scared and intimidated by the Immigration Court process, so too are your children. Be sure to comfort them and explain that they are safe and will not be separated from you. Children are more aware than we as adults realize. Take care to not let your stress and anxiety be absorbed by your children. This is no easy task, but do your best.