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
AILA’s DOS Liaison Committee Raises Questions with DOS Offices Concerning Issues Related to COVID-19
AILA’s DOS Liaison Committee raised several questions with the DOS Visa Office, NVC, KCC, and WRD concerning guidance and potential accommodations in light of the COVID-19 pandemic. AILA will keep members updated with any responses provided to the committee.
ILRC: Immigration Preparedness Toolkit
The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed-status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system.
CA3 Says Persons Who Publicly Provide Assistance Against Major Salvadoran Gangs Are a Particular Social Group
The court held that people who publicly provide assistance against major Salvadoran gangs constitute a particular social group, and that the BIA erred in applying Myrie v. Attorney General when it denied CAT relief. (Guzman Orellana v. Att’y Gen., 4/17/20)
H.R. 6537: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
On 4/17/20, Representative Jayapal (D-WA), introduced the Federal Immigrant Release for Safety and Security Together Act (FIRST Act) (H.R. 6537) to require the release of most individuals detained by ICE during a national emergency related to a communicable disease. AILA endorses this bill.
BIA Rejects DHS Argument Involving Vacatur of Criminal Conviction
Unpublished BIA decision rejects DHS argument that the respondent’s conviction remained valid for immigration purposes because the state court order vacating conviction was drafted by his attorney. Special thanks to IRAC. (Matter of Fearon, 4/17/20)
CA4 Finds BIA Erred in Denying Asylum to Guatemalan Military Member Who Threatened to Report Human Rights Abuses
The court concluded that the petitioner—who had been ordered, and repeatedly refused, to torture and kill people—had established that the past persecution he suffered at the hands of the Guatemalan military was on account of his imputed political opinion. (Lopez Ordonez v. Barr, 4/16/20)
CA3 Finds Homosexual Petitioner from Ghana Qualifies as a Refugee Under the INA
The court held that the Ghanaian petitioner had suffered past persecution and had a well-founded fear of future persecution on account of his sexual orientation and identity as a gay man, and thus that he qualified as a refugee under the INA. (Doe v. Att’y Gen., 4/16/20)
BIA Holds Texas Burglary Statute Not a CIMT
Unpublished BIA decision holds that burglary of building under Texas Pen. Code 30.02 is not a CIMT because the target offense is not an element and could include simple assault. Special thanks to IRAC. (Matter of De Leon Gonzalez, 4/15/20)
BIA Reopens Proceedings Sua Sponte for TPS Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status in light of intervening decision in Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Castellanos, 4/14/20)
CA9 Remands After Finding BIA Violated Due Process in Making Marriage Fraud Determination
Where USCIS had denied an I-130 visa petition on the ground that the noncitizen spouse’s prior marriage had been fraudulent, the court held that the BIA had violated due process by relying on undisclosed evidence and by applying too low a standard of proof. (Zerezghi v. USCIS, 4/14/20)
AILA and Partners Send Letter to New Mexico Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the Santa Fe Dreamers Project sent a letter to Governor Michelle Lujan Grisham urging her to take steps to reduce the number of individuals in ICE custody in the state of New Mexico amid the coronavirus outbreak.
AILA and Partners Send Letter to New Jersey Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 14, 2020, AILA, the American Immigration Council, and the American Friends Service Committee (AFSC) sent a letter to Governor Phil Murphy urging him to take steps to reduce the number of individuals in ICE custody in the state of New Jersey amid the coronavirus outbreak.
CA9 Says INA §241(a)(5) Permanently Bars Reopening a Reinstated Prior Removal Order
The court held that the language of INA §241(a)(5), which allows an immigration officer to reinstate a prior removal order, unambiguously and permanently bars reopening of the prior removal order under INA §239a(c)(7). (Padilla Cuenca v. Barr, 11/13/19, amended 4/14/20)
AILA and Partners Send Letter to Colorado Governor Urging Releases from ICE Detention Amid COVID-19 Pandemic
On April 13, 2020, AILA, the American Immigration Council, and the Rocky Mountain Immigrant Advocacy Network (RMIAN) sent a letter to Governor Jared Polis urging him to take steps to reduce the number of individuals in ICE custody in the state of Colorado amid the coronavirus outbreak.
Sample Complaint for Injunctive and Declaratory Relief in Immigration Habeas Case
Sample complaint, memo in support of motion for temporary restraining order (TRO), and motion for a TRO requesting injunctive and declaratory relief in immigration habeas case. Special thanks to Sabrina Damast. (Complaint, Amendment, Other Pleading; Motion for Injunctive Relief)
BIA Holds New York Larceny Statute Not a CIMT
Unpublished BIA decision holds that 2004 conviction for third degree grand larceny under N.Y.P.L. 155.35 is not a CIMT under Obeya v. Sessions, 884 F .3d 442 (2d Cir. 2018). Special thanks to IRAC. (Matter of Diaz Ortiz, 4/13/20)
ICE Provides Guidance Pursuant to Preliminary Injunction in Torres V. DHS
ICE provided guidance pursuant to the preliminary injunction issued in Torres v. DHS, regarding attorneys representing detainees at Adelanto ICE processing center.
AILA and Others Sue to Challenge Lack of Access to Counsel in Immigration Detention
A district court judge issued a TRO, given the COVID-19 pandemic, granting relief to individuals detained in Adelanto ICE Processing Center through 4/25/20, and asked the government why he should not convert this order into a preliminary injunction. (Torres, et al. v. DHS, et al., 4/11/20)
BIA Rules on Firm Resettlement Bar to Asylum
The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance. Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)
Key Takeaways from AILA DOS Liaison Committee Meeting with the DOS Visa Office (3/5/20)
The DOS Liaison Committee provides key takeaways from its March 5, 2020, meeting with the DOS Visa Office in Washington, DC. The information provided should be read in conjunction with the detailed, official responses provided by the DOS Visa Office.
President Trump Issues Memorandum on Visa Sanctions
The president issued a memo directing the secretary of state to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19.
DOJ’s Immigration Court Practice Manual (Updated on 4/10/20)
The OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. EOIR also released an appendix with a list of courts that have implemented standing orders pursuant to EOIR PM 20-09.
GAO Releases Report on CBP’s Management of a Temporary Detention Facility in Texas
GAO released a report about a CBP facility in Tornillo, TX. Per GAO, CBP hired a contractor to build the temporary facility meant to hold 2,500, and paid $66 million to provide meals, guards, and services for five months. While open, the facility held no more than 68 detainees on any given day.
TRAC Releases Report on the Hidden Impact of Removal Proceedings on Rural Communities
TRAC found that rural counties have higher rates of residents in removal proceedings than urban counties. In these communities, TRAC notes, residents facing deportation may find themselves in “legal deserts” with few qualified immigration attorneys, longer travel times to court, and more poverty.