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
Practice Alert: Increased Reports of ICE Arrests at Immigration Courts Nationwide
AILA members report a sharp increase in ICE arrests at immigration courts around the country.
AILA Sends Letter to EOIR Over Unethical Flyers
On May 22,2025, AILA sent a letter to the Executive Office of Immigration Review (EOIR) in concern over the flyers being distributed by immigration judges that contain misleading information to respondents.
Take Action: Urge Congress to Hold EOIR Accountable and Stop the Distribution of Legally Inaccurate “Self-Deportation” Flyers
EOIR is distributing legally inaccurate flyers titled “Message to Illegal Aliens: A Warning to Self-Deport” that undermine due process and judicial neutrality. Join AILA and IJC in urging Congress to demand EOIR halt these flyers and uphold fairness in immigration courts.
Practice Alert: ICE Arrests at USCIS Interviews
AILA reports a rise in ICE arrests at USCIS interviews and check-ins nationwide, targeting individuals with prior removal orders, criminal history, or suspected fraud. Members are urged to prepare clients and report incidents to AILA’s liaison committee.
Call for Examples: Asylum Application Pretermitted
On April 11, 2025, EOIR issued a memorandum encouraging immigration judges to pretermit applications for asylum if they did not state a prima facie claim. To understand how the memo is being implemented across the country, please complete this survey if you've had an asylum application pretermitted.
Template Opposition to Motion to Recalendar
Last week AILA was alerted that ICE OPLA would be filing Motions to Recalendar in all administratively closed cases before July 9, 2025. AILA and CLINIC have created a template opposition to help attorneys as they respond to these filings.
Late-Breaking Seminar: Habeas Corpus
Join AILA on 6/6/25 to learn advanced legal strategies using habeas corpus to get clients released from detention. Our expert panelists will discuss recent developments, statutory and constitutional underpinnings, remedies, and novel uses of habeas to confront unprecedented executive actions.
Late-Breaking Seminar: Alien Registration Requirement
The latest version of the Alien Registration Requirement (ARR) has raised many questions, both for noncitizens and the attorneys advising them. Join us on 6/4/25 to learn about addressing the ARR with clients, the role of fingerprinting, evidence of registration, ethical considerations, and more.
Arguing Against Pretermission of Asylum Cases in Immigration Court
This practice pointer outlines legal arguments for challenging pretermission of asylum applications for clients in removal proceedings. This comes after EOIR's recent policy memo, PM 22-28, published on April 11, 2025.
CA2 Finds That District Court Lacked Jurisdiction to Review USCIS’s Denial of Adjustment of Status Application
The court held that a denial of an application for adjustment of status under INA §245 is a “judgment” for purposes of INA §242(a)(2)(B)(i), regardless of whether it is issued by an immigration court or USCIS. (Xia v. Bondi, 5/19/25)
Practice Alert: Reports of BIA Setting Briefing Deadlines in ECAS Without Issuing Briefing Schedule
Members report seeing BIA briefing deadlines appear in ECAS without the issuance of a briefing schedule. AILA is urging members to check ECAS on all pending BIA cases.
BIA Finds Respondent Was Detained under INA §235(b) and Ineligible for Release on Bond
The BIA held that an applicant for admission who is arrested and detained without a warrant while arriving in the United States and then placed in removal proceedings is detained under INA §235(b) and ineligible for release on bond under INA §236(a). Matter of Q. Li, 29 I&N Dec. 66 (BIA 2025)
Presidential Proclamation Establishing “Project Homecoming”
On 5/9/25, President Trump signed a proclamation that creates a process for departure for undocumented immigrants using the CBP Home app, provides government-funded flights and an exit bonus, directs DHS to increase its enforcement and removal operations force, and more. (90 FR 20357, 5/14/25)
ICE Official Guidance for "Unaccompanied Alien Children Join Initiative, Field Implementation"
ICE guidance for "Unaccompanied Alien Children Joint Initiative, Field Implementation". Outlines phases of implementing the joint DHS-ICE-HSI initiative to locate UACs who have not had contact with HHS-ORR since being released from their custody.
AILA Submits Comment Opposing Reduction of the BIA
AILA submitted a public comment today, opposing the April 14th, 2025 announcement that the BIA would be reduced to just 15 members while there is currently a historic backlog.
Practice Alert: OPLA to Begin Filing Motions to Reopen Administratively Closed Cases
AILA received reports that ICE OPLA will begin filing motions to recalendar in all cases that were previously administratively closed.
DOJ Files Emergency Request to SCOTUS to End Injunction Halting Deportations
DOJ filed an emergency application to the U.S. Supreme Court asking the Court to end a temporary injunction issued 4/19/25 halting the deportation of immigrants detained pursuant to the Alien Enemies Act (AEA). (A.A.R.P. et al. v. Trump, et al., 5/12/25)
CA8 Upholds Motion to Remand Denial Where Petitioner Failed to Establish Prima Facie Case for Cancellation Eligibility
The court upheld BIA’s finding that petitioner failed to establish a prima facie case of eligibility for cancellation of removal where he offered no evidence that his removal would cause exceptional and extremely unusual hardship to his U.S.-citizen daughter. (Soto-Santos v. Bondi, 5/12/25)
CA8 Holds That Petitioner Failed to Show Procedural Error or Prejudice in Challenging IJ’s Competency Finding
The court denied the petition for review, concluding that the BIA did not err in affirming the IJ’s competency finding at the petitioner’s merits hearing based on sufficient evidence of competency and no showing of fundamental error or any resulting prejudice. (Mohamed v. Bondi, 5/12/25)
EOIR Issues Policy Memo with an Addendum to Previous Policy Memo
On 5/9/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-31, “Addendum to Policy Memorandum 25-30,” providing additional guidance regarding clerical transfers of cases between non-detained and detained dockets, and clarifying section VI of PM 25-30, “Clerical Transfers.”
CA5 Holds That Petitioner’s Texas Conviction for Online Solicitation of a Minor Is “Crime of Child Abuse”
The court upheld the BIA’s determination that petitioner’s Texas conviction for online solicitation of a minor rendered him removable under INA §237(a)(2)(E)(i) for committing a “crime of child abuse,” and upheld BIA’s denial of his motion to reconsider. (Sandoval Argueta v. Bondi, 5/9/25)
CA9 Holds That Petitioner’s California Assault Conviction Was a Particularly Serious Crime
The court held that the BIA did not abuse its discretion in finding that the petitioner’s assault conviction was a particularly serious crime rendering him ineligible for withholding relief, and that the BIA did not err in denying his CAT claim. (G.C. v. Bondi, 7/30/24, amended 5/8/25)
Practice Alert: EOIR Is Circulating Misleading Legal Advisories to Respondents
On or about April 14, 2025, AILA began receiving reports of new flyers posted in EOIR courts nationwide that list several confusing and misleading statements as to the purported “benefits” and “consequences” of self-deportation for those in removal proceedings.
DHS Announces Travel Assistance and Stipend for Voluntary Self-Deportation
DHS announced that undocumented immigrants can receive financial and travel assistance to facilitate travel back to their home country through the CBP Home App, and can also receive a stipend of $1,000 dollars paid after their return to their home country has been confirmed through the app.
AILA Statement: Trump Administration Lays Trap with Self-Deportation Offer
In response to the DHS announcement of a “stipend” for people choosing to self-deport from the United States, AILA cautioned individuals noting that “No one should accept this without first obtaining good legal advice from an immigration attorney or other qualified representative.”