Immigration enforcement in the United States continues to evolve, raising important legal questions about the balance between executive authority and judicial oversight. In a recent Dallas Morning News op-ed, immigration attorney and former Dallas ICE Chief Counsel Paul Hunker reflects on how federal courts fit into that balance and why their role remains significant in the immigration system.
Read the Op-ed: https://www.dallasnews.com/opinion/commentary/2026/01/12/federal-courts-need-to-step-up-on-trumps-immigration-policy/
At De Mott, Curtright & Armendáriz LLP (DMCA), we work with individuals and families navigating immigration law every day, and discussions about the role of courts are central to understanding how immigration cases are decided.
In his op-ed, Hunker shares a professional experience that highlights how shifts in immigration enforcement priorities can affect individual cases. He describes learning that a client who had previously been released from immigration custody was later re-detained following a change in administration.
The example serves as a practical illustration of how policy changes can alter enforcement outcomes, even when the underlying facts of a case remain the same.
Immigration law grants the executive branch broad authority to enforce federal statutes. At the same time, federal courts are tasked with interpreting those laws and ensuring they are applied within constitutional and statutory limits.
Hunker’s commentary focuses on this structure rather than on specific policy goals. He notes that when government agencies rely on expansive interpretations of existing statutes, courts play an important role in clarifying the scope of that authority.
This framework is a foundational element of the U.S. legal system and applies across many areas of federal law, including immigration.
Federal courts are involved in immigration matters in several ways, including:
Reviewing detention and custody decisions
Hearing habeas corpus petitions
Interpreting immigration statutes and regulations
Addressing constitutional questions related to due process
These judicial functions are designed to provide consistency, clarity, and legal oversight, regardless of the administration in power.
For individuals involved in immigration proceedings, changes in enforcement priorities can affect timelines, detention decisions, and available forms of relief. Understanding how courts fit into the process can help individuals make informed decisions about their legal options.
At DMCA, our role is to help clients understand the immigration system, including when federal court review may be available and appropriate under the law.
De Mott, Curtright & Armendáriz LLP has represented individuals, families, and businesses in immigration matters for decades. Our attorneys focus on:
Immigration detention and custody review
Federal court filings when legally appropriate
Removal defense and procedural motions
Family-based and employment-based immigration
Our goal is to provide clear guidance grounded in current law and procedure.
Paul Hunker’s op-ed offers insight into the institutional role of federal courts within the immigration system. His perspective highlights how courts function as part of the legal framework that governs enforcement, interpretation, and individual rights.
Understanding this structure is essential for anyone navigating immigration law today.
If you have questions about immigration procedures or court review, speaking with an experienced immigration attorney can help clarify available options under current law.