Am I entitled to an attorney? What happens if I miss a court hearing? Here are answers to common questions.

Illustration by Veronica Martinez/Injustice Watch

By Kelly Garcia, Injustice Watch

This story was produced by Injustice Watch, a nonprofit newsroom in Chicago that investigates issues of equity and justice in the Cook County court system. Sign up here to get their weekly newsletter.

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Thousands of people come through Chicago’s immigration court every day to plead their cases before a judge who will decide whether they can stay or be deported.

It’s an uphill battle for noncitizens who must prove why they should be allowed to stay in the United States. The process often takes years. It can be especially difficult for those who don’t speak English and for anyone who cannot afford an attorney.

We spoke with legal experts to understand how to navigate the complex immigration court system. Given the new administration’s stance towards immigrants, it’s possible the laws governing immigration court could change. Currently, here’s what to know.

Disclaimer: We are not attorneys and this is not intended as legal advice. Consult an attorney with legal questions.

What and where is Chicago’s immigration court?

Chicago’s immigration court, located on the 15th floor at 55 E. Monroe St., conducts removal proceedings for people in Illinois, Wisconsin, and Indiana charged with violating immigration law. Immigration court judges decide whether someone can stay or should be removed from the country.

If you have an immigration court case, you may have received a “Notice to Appear” from the Department of Homeland Security. It should include a description of the charges, as well as the date, time, and place for your initial court hearing.

If you’re unsure whether you have an immigration court case or the date of your next hearing, check online using your alien registration number (“A-number”) or by calling the Immigration Court Hotline at 800-898-7180. Your A-number was assigned when you were initially processed. It is a 9-digit number — usually beginning with 0 or 2 — on your immigration paperwork.

Once inside immigration court, printed sheets with information on individual cases are posted outside each courtroom and in the lobby to find out where your courtroom is.

What happens if I miss a court hearing?

Missing a hearing can result in the judge closing your case and issuing an order of removal from the country. If your case is closed and a judge orders your removal, you can appeal by filing a motion to reopen your case. You must have a good reason to appeal. You can find instructions on how to reopen your case online and in-person.

Under current policy, you are allowed to stay in the U.S. while your case is pending.

You should let the court know your new address within 5 days of any move by filing an EOIR-33 form. These forms are available at court and online. If you do not file a change of address with the court, notices about upcoming court dates could go to your old address. If you miss a court date, the judge could issue an order of removal.

How do I request an interpreter?

Under current law, court interpreters are provided at no cost. During your initial hearing, the judge will likely ask if you require an interpreter. You have a right to proceed in the language you are most comfortable speaking. The court must arrange for an interpreter if needed, though Spanish interpreters are usually present. Request an interpreter at your initial hearing through the judge, or by filing a written request with the court.

Complaints about an interpreter can be made by email at complaints.interpreter@usdoj.gov.

Am I entitled to an attorney?

Unlike criminal proceedings, you will not be provided an attorney if you can’t afford one. Immigration attorneys can be expensive, but some legal aid organizations may be able to assist at little to no cost.

The National Immigrant Justice Center operates a help desk for people without an attorney inside Chicago’s immigration court on Mondays through Wednesday from 8:30 a.m. to 3 p.m. in the Pro Bono Room located on the 15th floor next to the elevators. Attorneys at the help desk can help with information about the hearing process, forms of relief, legal referrals, and how to change a home address or to locate a court hearing. NIJC also provides phone consultations via their hotline at 312-660-1328.

Legal Aid Chicago also provides legal assistance for immigrants who are victims of crime, domestic violence, and human trafficking. For more information visit legalaidchicago.org.

Someone offered to help me with my paperwork. Can I trust them?

Ask questions and conduct research.

Be wary of people offering assistance for exorbitant fees or making promises about the outcome of your case. Only licensed attorneys and accredited representatives recognized by the Department of Justice can represent you in court. If you’re not sure someone is an attorney, ask to see their law license. Also be wary of anyone who claims to be an attorney in another country, but is not licensed in the U.S.

Be wary of anyone who claims a special relationship with the U.S. Citizenship and Immigration Services or the immigration courts. As a precaution, demand a written contract before paying for legal services. Avoid paying cash and never provide original documents, such as a birth certificate or passport, to anyone helping with immigration matters. Do not sign any forms or documents containing false or inaccurate information.

For those who believe they’ve been a victim of fraud, complaints can be filed with the DOJ’s Fraud and Abuse Prevention Program by emailing EOIR.Fraud.Program@usdoj.gov. Victims can also file an Immigration Practitioner Complaint Form with EOIR.

This story was produced by Injustice Watch, a nonprofit newsroom in Chicago that investigates issues of equity and justice in the Cook County court system. Sign up here to get their weekly newsletter.