GAO report: why immigration courts use more remote hearings and what to watch
GAO-26-108110 (July 15, 2026) finds remote immigration hearings are common, but interpretation tech limits raise access and due-process questions.
Immigration court proceedings run by the DOJ’s Executive Office for Immigration Review (EOIR) now commonly use remote technology—such as WebEx video teleconferencing and telephone. In a new report, the Government Accountability Office (GAO) describes benefits that stakeholders associate with remote hearings, along with due-process and access concerns, especially around language interpretation.
GAO-26-108110, published July 15, 2026, looks at EOIR’s use of remote hearings and stakeholder perspectives on how the shift is working in practice.
Remote hearings are now a major part of EOIR’s system
GAO reports that, of the nearly 6 million immigration court hearings held from fiscal year 2022 through 2025, about 2.2 million were conducted remotely. GAO also reports that most remote hearings used WebEx.
GAO also notes that EOIR collects data on the hearing medium used for each hearing and that judges have discretion over which remote medium is used by participants.
What stakeholders say works: flexibility, time/cost, and counsel access
EOIR officials and selected judges and attorneys described generally favorable experiences with remote hearings. They identified benefits such as:
- Reducing time and cost compared with in-person appearances.
- Increasing efficiency in how hearings are conducted.
- Greater flexibility for participants who do not need to travel to a courthouse.
- Improving access to private bar attorneys, since counsel may be able to appear remotely even when they are not located near the assigned immigration court.
The core concern: interpretation limits in remote settings
GAO highlights that remote hearings can create operational limits that matter for due process and access—particularly for interpretation.
For in-person hearings where the respondent and the language interpreter are in the same location, EOIR is able to use simultaneous interpretation (with translation delivered continuously in real time). But GAO reports that when the respondent and interpreter are not in the same location, current WebEx technology does not allow simultaneous interpretation. In those circumstances, stakeholders described consecutive interpretation—and EOIR officials and some court stakeholders said consecutive interpretation can cause hearings to take double or triple the time compared with hearings using simultaneous language interpretation.
GAO also says officials are aware of the issue and are exploring ways to add the technological capability as options become available.
What EOIR’s rules say about when remote hearings can be used
EOIR’s Immigration Court Practice Manual explains that an immigration judge may conduct removal hearings:
- in person
- by video conference
- by telephone conference
It also includes a key limitation: evidentiary hearings on the merits may only be held by telephone if the respondent consents after being notified of the right to proceed in person or by video.
EOIR’s guidance also describes how remote proceedings operate procedurally—for example, participants do not need to be in the same physical location, and hearings held by video or telephone are conducted under the same rules as in-person hearings. It further explains where documents are filed for remote hearings (with the immigration court that has administrative control over the record of proceedings).
EOIR maintains a public page for “internet-based” hearing access and provides telephonic access codes, directing people who have trouble accessing a hearing—or aren’t sure whether it is scheduled in person or internet-based—to contact the immigration court handling the case.
EOIR guidance changed in 2025 after a 2022 memo was rescinded
GAO reports that EOIR issued Directors Memorandum 22-07: Internet-Based Hearings in 2022, and then rescinded that memorandum in March 2025 (GAO says EOIR stated the 2022 guidance was unhelpful and infringed on an immigration judge’s decisional independence).
After the rescission, GAO reports that EOIR’s standing policy for remote technology use is Policy Memorandum 21-03 (issued in November 2020) addressing telephone and video teleconferencing.
What to watch next
GAO’s bottom line is that remote hearings are already a meaningful part of EOIR’s day-to-day practice—but interpretation and access details can determine whether remote formats work smoothly for respondents and counsel.
As EOIR continues using remote options, readers should watch for updates and operational changes in areas GAO flags as central to fairness and access—especially how EOIR handles interpretation constraints in WebEx-based remote hearings and how judges apply discretion and accommodations in individual cases.
Sources
- GAO: Immigration Courts: Stakeholder Perspectives on the Use of Remote Hearings (product page)
- DOJ EOIR: Find an Immigration Court and Access Internet-Based Hearings
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