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  5. Surge in Government Motions Reopens Thousands of Closed Immigration Court Cases

Surge in Government Motions Reopens Thousands of Closed Immigration Court Cases

Sep 24, 2026
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Surge in Government Motions Reopens Thousands of Closed Immigration Court Cases
An investigation published September 24 by non-profit newsroom iTempNews reveals that the Trump administration filed more than 56,400 motions in the past fiscal year to reinstate cases that had been administratively closed by immigration judges. The study, based on docket data obtained under FOIA, shows that motions to “re-calendar” have jumped 140 percent since 2024, overwhelming already backlogged courts. Re-opened cases often involve long-time U.S. residents who believed their proceedings were dormant. Attorneys interviewed describe clients suddenly receiving hearing notices for October or November with as little as three weeks’ lead time. Many of those individuals had since started new jobs, married U.S. citizens or applied for employment-based visas, throwing corporate compliance departments into crisis-management mode. The Executive Office for Immigration Review (EOIR) defends the practice, noting that the Attorney General in 2025 limited judges’ authority to close cases without DHS consent. But the article finds that only one in four respondents has legal representation, and average pending-case durations now exceed four years, up from 760 days in 2023. For employers, the surge raises I-9 and E-Verify risks. A worker whose asylum EAD expires while their case is re-opened may lose work authorization, triggering reverification obligations. Mobility managers should audit foreign-national rosters and remind affected employees to renew EADs 180 days in advance.
Source: iTempNews

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