The U.S. immigration courts have eliminated the option for clients to appear via videoconference for their hearings. Immigration attorney Liudmila Marcelo raised this issue in an interview with journalist Tania Costa, emphasizing that this change is reshaping the dynamics of immigration courts across the country.
"He always said that until now, judges allowed the person to appear via video, except for a few exceptions. Well, that's over now. Now judges are only allowing the lawyer to appear via video, and the client must appear in person," Marcelo explained.
The video call option—implemented during the COVID-19 pandemic through platforms like Cisco WebEx—had remained a common choice for unresolved cases. Its removal represents a significant shift that increases the logistical burden on immigrants, many of whom preferred the virtual route out of fear of attending court in person.
According to reports from August 23, the Immigration Court in Miami intends to completely eliminate the video option for non-detained cases starting on September 8, 2026, for both master and individual hearings, as stated in communication from the Chief Assistant Immigration Judge of the area.
Marcelo pointed out that this change is one of the reasons for the unusual increase in the number of people in the courts. "This is a significant change. That's why such a large number of people are registering in the Courts."
Regarding the reasons behind the measure, the lawyer speculated: "I don't know if it's for the purpose of verification, to establish that the person is indeed in the United States, and not connecting from somewhere else."
The system's saturation is already evident. Marcelo recounted that on his birthday (Wednesday, August 19), he had a hearing at 8:30 a.m. in Miami. He arrived at 7:30, and the parking lot—three or four stories high—was already full. "The line of people extended to a nearby hotel," he described. A judge confirmed to him that the situation inside the courtrooms was no better: "The room filled up with people; there was hardly room for anyone because with all these large 'master hearings' they're holding with everyone, the Court can't keep up."
This collapse occurs within a context of massive advancements in immigration hearings that were previously scheduled for 2028-2030, following the addition of 77 new judges and five temporary judges to the system in May 2026.
In response to those who refuse to attend, Marcelo was emphatic: "I have seen many lawyers in recent days who have said my client isn't coming, doesn't want to appear. And gentlemen, no, no... You have to show up. In any case, you have to show up."
As a reassuring element, the lawyer reminded that arrests within the courts are prohibited. "The good thing is that arrests in court are prohibited. So that gives us a bit more peace of mind." This restriction was restored nationwide on June 23, 2026, by a federal judge in California, who overturned the court arrest policy adopted by the Trump Administration in 2025.
For those with scheduled hearings, Marcelo offered a practical piece of advice: "If you have court at 8 or 8:30 in the morning, don't expect to be there at 7:30. You should plan to be there by 6 or 6:30 in the morning."
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