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
CA4 Says INA §205 Confers Discretion Upon DHS Secretary to Revoke Visa Petitions
Affirming the district court’s dismissal of appellants’ complaint, the court held that the language in INA §205 confers sufficient discretion to preclude judicial review of a visa petition revocation under INA §242(a)(2)(B)(ii)’s jurisdictional bar. (Polfliet v. Cuccinelli, et al., 4/7/20)
CA8 Upholds Denial of Asylum to Petitioner Who Alleged She Would Be Abused in Mexico
The court held that petitioner had failed to meet her burden of showing a well-founded fear of future persecution if returned to Mexico, because she did not establish that the Mexican government was or would be unable or unwilling to control her alleged persecutors. (Galloso v. Barr, 4/7/20)
CA5 Says IJs Not Required to Provide Automatic Continuance for Asylum Applicants to Obtain Specific Corroborating Evidence
The court upheld the adverse credibility determination, rejecting the claim that IJs must provide advance notice of specific corroborating evidence needed to meet an asylum applicant’s burden of proof and an automatic continuance for the applicant to obtain it. (Avelar-Oliva v. Barr, 4/3/20)
CA8 Finds BIA Did Not Engage in Improper Fact-Finding in Conducting Waiver of Inadmissibility Analysis as to Somali Petitioner
The court held that, in reversing the IJ’s decision to grant waiver of inadmissibility, BIA did not supplant the IJ’s hardship finding with one of its own, but instead accepted the hardship finding and reviewed the discretionary decision to grant the waiver de novo. (Kassim v. Barr, 4/3/20)
TRAC Finds Just One in Ten ICE Detainees Have a Serious Criminal Conviction on Record
TRAC examined criminal convictions among ICE detainees to understand ICE’s potential use of discretion during the COVID-19 pandemic. TRAC found that just one out of ten ICE detainees have a serious criminal conviction, and more than six out of ten ICE detainees have never been convicted of a crime.
EOIR Updates Policies on Filings and Signatures
EOIR released a policy memo noting that as of 3/31/20, EOIR has begun accepting digital and electronic signatures on all documents filed with immigration courts and the BIA. EOIR will also accept electronically-reproduced copies of documents containing digital, electronic, or “wet” signatures.
CA9 Says Applicant Not Responsible for Failing to Maintain Lawful Status Where That Failure Occurred Due to Lawyer’s Mistake
The court held that the petitioner remained eligible for adjustment of status because her failure to maintain lawful status resulted from her reasonable reliance on the assistance of her counsel, and found 8 CFR §1245.1(d)(2) to be invalid to a certain extent. (Peters v. Barr, 4/2/20)
CA8 Upholds Denial of Asylum to Salvadorian Woman Who Claimed She Was Unable to Leave Domestic Relationship
The court held that the BIA’s adverse credibility findings were supported by specific, cogent reasons for disbelieving the Salvadorian petitioner, where she had failed to explain inconsistent and contradictory facts in her testimony about her relationship. (Garcia v. Barr, 4/1/20)
EOIR Interim Rule Expanding the Size of the BIA to 23
EOIR interim rule adding two additional Board member positions to the BIA, thereby expanding its size to 23. The rule is effective 4/1/20. Comments must be submitted by 5/1/20. (85 FR 18105, 4/1/20)
BIA Rescinds In Absentia Order Where Hearing Notice Omitted Word “Street”
Unpublished BIA decision rescinds in absentia order where the respondent’s attorney was not present when next hearing date was announced and the address listed on the hearing notice omitted the word “street.” Special thanks to IRAC. (Matter of Sayevych, 4/1/20)
BIA Rules on Cancellation of Removal Claim Based on the Health of a Qualifying Relative
The BIA ruled that cancellation of removal claims based on the health of a qualifying relative must establish that the relative has a serious medical condition and that adequate medical care is not reasonably available in the country of removal. Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)
AILA Quicktake #285: AILA and Partners Sue EOIR and ICE Over Dangerous COVID-19 Policies
AILA’s Director of Federal Litigation Jesse Bless explains why AILA joined other immigration lawyer groups and individuals to file a lawsuit against EOIR and ICE to demand better policies in response to the COVID-19 pandemic.
Practice Advisory: Guerrero-Lasprilla v. Barr - Implications for Judicial Review
The American Immigration Council provides a practice advisory to help immigration attorneys who file petitions for review to challenge removal orders in the circuit courts after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr.
EOIR Released FY2020 Statistics on UAC Cases Pending More than Three Years
EOIR released FY2020 statistics on current unaccompanied children (UAC) cases that have been pending for more than three years. As of the end of the second quarter of FY2020 (through March 31, 2020), 38,871 cases were pending.
CA2 Says INA §242(a)(2)(C)’s Jurisdictional Provision Does Not Apply Where Removal Order Is Based Solely on Unlawful Presence
The court held that INA §242(a)(2)(C)’s jurisdictional provision applies only to cases in which the IJ has found a petitioner removable based on covered criminal activity, and does not apply where petitioner’s order of removal is based solely on unlawful presence. (Manning v. Barr, 3/31/20)
CA6 Affirms Dismissal of U.S. Citizen-Child’s Request for Declaration That His Father’s Removal Was Unconstitutional as Applied to Him
Affirming the district court’s order dismissing the Declaratory Judgment Act claims brought by plaintiff, a U.S. citizen-child whose father had been removed, the court held that plaintiff’s constitutional claims were foreclosed by the court’s precedent. (Cooper Butt v. Barr, et al., 3/31/20)
EOIR Releases Statistics on Languages Used in Court Hearings
EOIR released statistics on languages used in immigration court hearings. Out of a total of 1,189,103 hearings through the second quarter of FY2020 (through March 31, 2020), EOIR conducted 93.04 percent of all hearings in languages other than English.
EOIR Releases Statistics on BIA Board Members
EOIR released statistics on BIA board members, temporary board members, and total board members. As of the second quarter of FY2020 (through March 31, 2020), the BIA had 16-20 board members and 4-7 temporary board members.
EOIR Releases FY2020 Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics noting that there were 1,116,415 total pending I-862 proceedings, of which 215,003 originated with a credible fear claim. The statistics are for pending I-862 proceedings as of March 31, 2020. I-862 proceedings include removal, exclusion, and deportation hearings.
CA11 Finds Petitioner’s Florida Conviction for Aggravated Battery Constituted a Crime of Violence
The court held that the BIA correctly determined that the petitioner’s conviction in Florida for aggravated battery was an aggravated felony, rejecting the petitioner’s argument that his conviction did not qualify as a crime of violence. (Lukaj v. Att’y Gen., 3/30/20)
Alliance for Justice Calls for Independent Immigration Courts
On 3/30/20, the Alliance for Justice called on Congress to support the establishment of an Article I Immigration Court system that is independent of DOJ.
AILA and the Council Submit Comments Opposing EOIR’s Proposed Rule Increasing Fee for Filings
AILA and the Council submitted comments opposing EOIR’s proposed rule that would increase the filing fees for forms and motions filed with EOIR, stating that the proposed fee increases will have a substantial negative impact on the ability of certain individuals to access immigration courts.
Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic
In a lawsuit filed today in the U.S. District Court for the District of Columbia, AILA and our partners demanded that DOJ EOIR and ICE take immediate necessary actions to prioritize the health and safety of attorneys and clients at risk from the COVID-19 pandemic.
Complaint Filed in District Court Due to EOIR and ICE’s Handling of Immigration Cases During COVID-19 Crisis
AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild, and several detained individuals filed suit to demand EOIR and ICE take actions to prioritize health and safety during the COVID-19 pandemic. (NIPNLG et al., v. ICE, 3/30/20)
BIA Holds Convictions Vacated Under Cal. Penal Code 1473.7 Not Valid for Immigration Purposes
Unpublished BIA decision holds that convictions vacated under Cal. Penal Code 1473.7 are no longer valid for immigration purposes because the statute requires a procedural or substantive defect in underlying criminal proceedings. Special thanks to IRAC. (Matter of C-H-C-, 3/30/20)