Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
EOIR Policy Memo (PM 25-49) on Clerical Transfers of Bond Redetermination Requests
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-49) to provide guidance on clerical transfers of bond redetermination requests.
EOIR Policy Memo (PM 25-40) on OCAHO Case Completion Goals
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-40) to re-establish case completion goals for the Office of the Chief Administrative Hearing Officer (OCAHO).
EOIR Policy Memorandum (PM 25-48) on EOIR Stakeholder Engagement
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-48) to establish clear guidance for productive stakeholder engagement.
EOIR Policy Memo (PM 25-47) on Case Priorities and Immigration Court Performance Measures
EOIR Acting Director Sirce E. Owen released a policy memo (PM 25-47) to clarify and reaffirm EOIR case priorities and performance measures. This PM supersedes and replaces the 1/17/18 Case Priorities and Immigration Court Performance Measures memo and supplements both PM 19-13 and PM 20-07.
EOIR Policy Memo (PM 25-46) on Notice of Hearings
EOIR Acting Director released a policy memo (PM 25-46) setting forth EOIR procedures for providing a notice of hearings to an individual in removal proceedings after a Notice to Appear is issued. The PM cancels and replaces OPPM 97-2, Notices of Immigration Judge Hearings.
DOJ Notice of Withdrawal of 54 Rulemaking Actions
DOJ notice that it is withdrawing 16 Notices of Proposed Rulemaking, Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking; as well as 38 other previously announced regulatory actions. These include 16 EOIR items. (90 FR 43948, 9/11/25.)
BIA Holds That IJs May Pretermit Asylum and Related Applications That Do Not Establish Prima Facie Eligibility
The BIA held that if factual allegations in a claim for asylum, withholding, or CAT protection, viewed in the light most favorable to respondent, do not prove prima facie eligibility for relief or protection, an IJ may pretermit the applications. Matter of H—A—A—V—, 29 I&N Dec. 233 (BIA 2025)
BIA Holds That IJs Lack Authority to Hear Bond Requests or Grant Bond to Noncitizens Present Without Admission
The BIA held that, based on the plain language of INA §235(b)(2)(A), IJs lack authority to hear bond requests or to grant bond to noncitizens who are present in the United States without admission. Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025)
EOIR Notice of Revision of Notice of Appeal From a Decision of an Immigration Judge
EOIR 30-day notice of revision and request for comments on Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. EOIR is revising this form to implement several changes, including filing fee changes enacted under H.R.-1. Comments are due 10/9/25. (90 FR 43477, 9/9/25)
EOIR Notice of Revision of Immigration Practitioner/Organization Complaint Form
EOIR 30-day notice of revision and request for comments on Form EOIR-44, Immigration Practitioner/Organization Complaint Form. EOIR has revised the Privacy Act Notice on the form. Comments are due 10/9/25. (90 FR 43476, 9/9/25)
AILA Recommends a NO vote on H.R. 3486 Stop Illegal Entry Act of 2025
AILA urges a NO vote on H.R. 3486, the Stop Illegal Entry Act, scheduled for a vote in the House on 9/11/25. This bill imposes disproportionately harsh punishments on illegal entry and reentry. Instead of this extreme, costly and ineffective approach, Congress should enact bipartisan solutions.
DHS Notice of Certain Immigration Enforcement-Related Fees Required by HR-1
DHS notice announcing new immigration enforcement-related fees established in HR-1 for certain immigration-related violations. DHS will begin assessing and collecting those fees that are administered by DHS in accordance with HR-1, effective 9/8/25. (90 FR 43223, 9/8/25)
CA5 Upholds Denial of Cancellation Based on Hardship and VAWA Claims
The court upheld the BIA’s determination that the petitioner failed to establish eligibility for cancellation of removal based on hardship grounds under INA §240A(b)(1) or based on the Violence Against Women Act (VAWA) under INA §240A(b)(2)(A). (Simantov v. Bondi, 9/8/25)
EOIR PM on Procedures for Going Off-the-Record During Immigration Court Proceedings
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-44) providing updated guidance on procedures that Immigration Judges must use when going off-the-record during immigration court proceedings. This PM cancels and replaces OPPM 03-06.
EOIR PM on Consideration of Constitutional Arguments in Agency Adjudications
EOIR Acting Director Sirce E. Owen released a policy memorandum (PM 25-45) providing guidance regarding EOIR adjudicators’ consideration of constitutional arguments during adjudications.
BIA Rules on Relevance of Valid Sponsors and Evidence in Bond Proceedings
The BIA held that the existence of a valid, reliable, and credible sponsor is relevant to a determination of flight risk, and that IJs may consider all relevant and probative evidence to determine if the evidence establishes custody factors. Matter of Dobrotvoskii 29 I&N Dec. 211 (BIA 2025)
CA4 Remands Guyanese Petitioner’s CAT Claim After Finding BIA Ignored Relevant Evidence
The court vacated the denial of petitioner’s Convention Against Torture (CAT) claim, holding that the BIA abused its discretion by ignoring unrebutted evidence that those who share certain traits of petitioner’s faced an increased likelihood of torture in Guyana. (McDougall v. Bondi, 9/5/25)
Attorney General Overrules Matter of A–B– III and Reinstates Matter A–B– I and Matter A–B– II
The Attorney General overruled Matter of A–B– III and, by extension, Matter of A–R–C–G– and any decision issued in reliance on it, and reinstituted the legal standards articulated in Matter A–B– I and Matter A–B– II. Matter of S–S–F–M–, 29 I&N Dec. 207 (A.G. 2025)
AILA Executive Director: Trump Administration Further Erodes Immigration Courts
AILA ED Ben Johnson responded to news that just days after the Trump Administration issued a final rule eliminating the requirement that temporary immigration judges possess knowledge of immigration law, DoD Secretary Hegseth approved using up to 600 military lawyers as temporary immigration judges
Attorney General Refers Matter of S–S–F–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings in accordance with her opinion. Matter of S–S–F–M–, 29 I&N Dec. 206 (A.G. 2025)
Attorney General Refers Matter of R–E–R–M– & J–D–R–M– to Herself for Review
The Attorney General directed the BIA to refer the case to herself for review of its decision, and for the reasons set forth in the accompanying opinion, remanded the case to the Board for further proceedings. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 201 (A.G. 2025)
Attorney General Overrules Matter of L–E–A– III and Reinstates Matter of L–E–A– II
The Attorney General overruled Matter of L–E–A– III, and instructed IJs and the BIA to adhere to the holding of Matter of L–E–A– II in all pending and future claims. Matter of R–E–R–M– & J–D–R–M–, 29 I&N Dec. 202 (A.G. 2025)
CA4 Holds That Material-Support Bar Did Not Apply to Petitioner Forced to Cook for Leaders of Terrorist Organization
The court held that the BIA erred in applying the material-support bar to deny the petitioner’s asylum application, finding that petitioner’s cooking was not sufficiently substantial standing alone to help the “Unknown Gunmen” accomplish their terrorist activities. (Ozurumba v. Bondi, 9/2/25)
EOIR to Open Baton Rouge Immigration Court
EOIR announced it will open a new immigration court in Baton Rouge, Louisiana, on 10/20/25. EOIR will provide official advance notice to all parties whose cases are reassigned to the Baton Rouge Immigration Court.
CA1 Upholds Cancellation Denial After Finding Petitioner Failed to Show Requisite Hardship to Son Who Had Allergies
The court held that the petitioner had not carried his burden to show that his U.S.-citizen son, who was allergic to pollen, mold, and other substances, would suffer exceptional or extremely unusual hardship upon the petitioner’s removal to Mexico. (Ortiz Trejo v. Bondi, 8/29/25)