FOR IMMEDIATE RELEASE: October 16, 2026

MEDIA CONTACT: Raya Steier, c: 530-723-2426, rsteier@lccrsf.org

***PRESS RELEASE*** 

SAN FRANCISCO — Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (LCCRSF) and the National Immigration Project today sued the U.S. Department of Justice (DOJ) and the Executive Office for Immigration Review (EOIR) for illegally withholding records about a sweeping and secretive transformation of America’s immigration courts. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that EOIR has violated the Freedom of Information Act (FOIA) by refusing to disclose basic information about its creation of “mega master” dockets—mass hearings that pack 100 or more people into a single proceeding where they are ordered deported in absentia—and its recent practice of abruptly advancing hearings that were previously scheduled years into the future.

The groups filed a targeted FOIA request on July 14, 2026, seeking records about EOIR’s policies, communications, scheduling data, affected immigration courts, and the in absentia removal orders issued during these mass hearings. More than 50 working days later, and well past every deadline FOIA allows, EOIR has failed to disclose even a single responsive record.

“EOIR is playing a dangerous game with people’s lives,” said Jacob Gonzalez, Staff Attorney at LCCRSF. “They are rushing thousands of immigrants through mass hearings, moving up court dates with little or no notice, and then ordering people deported in absentia when they don’t show up. The public has a right to know how these decisions are being made and who is being harmed. EOIR’s refusal to come clean is an affront to the due process that every person in this country is entitled to.”

Under FOIA, government agencies must determine whether to comply with a request within 20 working days. EOIR acknowledged receipt of Plaintiffs’ FOIA request on July 15, 2026, and invoked a 10-working-day extension. But instead of producing records or making a determination, EOIR placed the request on hold through a deficient “clarification” notice that failed to identify any actual ambiguity, and denied Plaintiffs’ request for expedited processing without explaining why either of the two grounds Plaintiffs invoked was insufficient. Plaintiffs responded promptly on August 7, 2026, making clear they were not narrowing or withdrawing any part of their request. EOIR has been silent ever since.

The human stakes are higher than ever. EOIR’s own 2017 guidance, issued to newly appointed immigration judges, recommended a maximum of 25 respondents in any group hearing, recognizing that larger dockets undermine the fairness of proceedings. Beginning in May 2026, news organizations credibly reported that EOIR was abruptly advancing hearings and placing 100 or more people on single dockets, with in absentia removal orders issued during these mass hearings.

“This administration is trying to deport people en masse while keeping the machinery of that deportation secret. That is not how a democracy works,” said Michelle Méndez at National Immigration Project. “Our clients and immigration practitioners across the country need to know which courts are running these mega dockets, how people are being notified, and whether interpreters and meaningful access are being provided. Our clients have a statutory right to these records, and the public has a profound interest in understanding how these mass hearings operate. We look forward to holding EOIR accountable in court.”

The complaint asserts three claims for relief: failure to disclose responsive agency records, failure to conduct an adequate search for records, and failure to timely respond to the request, all in violation of FOIA and the Administrative Procedure Act. Plaintiffs seek declaratory and injunctive relief, including an order compelling EOIR to conduct a reasonable search and disclose all non-exempt responsive records on an expedited basis.

View a copy of the complaint here.

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