In a significant update to U.S. immigration court procedures, the option for clients to attend hearings via video call has been abolished. Immigration attorney Liudmila Marcelo highlighted this development in a discussion with journalist Tania Costa, emphasizing the impact it is having on immigration courts nationwide.
"Until recently, judges allowed individuals to appear virtually, with few exceptions. That's no longer the case. Now, only attorneys can appear via video, while clients must be physically present," Marcelo explained.
The use of video conferencing—introduced during the COVID-19 pandemic through platforms like Cisco WebEx—was commonly used for non-detained cases. Its removal marks a major shift, increasing logistical challenges for immigrants, many of whom preferred virtual appearances to avoid the stress of going to court in person.
Reports from August 23 indicate that the Miami Immigration Court intends to fully discontinue video appearances for non-detained cases starting September 8, 2026. This change applies to both master and individual hearings, as communicated by the area's Assistant Chief Immigration Judge.
Marcelo noted that this change is contributing to an unusual surge of people in courtrooms. "It's a significant shift. That's why there's such a high number of people at the courts," she remarked.
Speculating on the motivations behind this move, Marcelo suggested, "Perhaps it's a matter of identity verification, ensuring that individuals are indeed in the U.S. and not connecting from elsewhere."
The system's strain is already apparent. Marcelo recounted her experience on her birthday, Wednesday, August 19, when she had an 8:30 a.m. hearing in Miami. Arriving at 7:30, she found the multi-story parking lot completely full. "The line of people extended to a nearby hotel," she described. A judge confirmed the crowded situation inside: "The room was packed, almost no space left, with these large master hearings overwhelming the court's capacity."
This congestion arises amid mass rescheduling of immigration hearings that were originally set for 2028-2030, following the addition of 77 new and five temporary judges to the system in May 2026.
For those hesitant to attend, Marcelo was unequivocal: "I've heard many lawyers recently saying their clients refuse to come. That's simply not an option. You must show up, no matter what."
Offering reassurance, the attorney reminded that arrests in courts are prohibited. "The good news is that detentions in court are banned, which gives us some peace of mind." This restriction was reinstated nationwide on June 23, 2026, by a federal judge in California, overturning the Trump Administration's 2025 policy allowing arrests in courtrooms.
For individuals with scheduled hearings, Marcelo advised a proactive approach: "If your court time is 8 or 8:30 a.m., don't plan to arrive at 7:30. You should aim to be there by 6 or 6:30 a.m."
FAQs About In-Person Appearances in U.S. Immigration Courts
Why are video appearances no longer allowed in immigration courts?
The courts have removed the option for video appearances to ensure that individuals are physically present in the U.S. and not participating from another location. This change aims to improve identity verification and the overall integrity of the court process.
When will the Miami Immigration Court implement this change?
The Miami Immigration Court plans to eliminate video appearances for non-detained cases starting September 8, 2026, impacting both master and individual hearings.
How can individuals prepare for early morning court times?
It is recommended to arrive significantly early, around 6 or 6:30 a.m., if your court time is scheduled for 8 or 8:30 a.m., to ensure adequate time for parking and navigating the courthouse.