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
BIA Reopens Proceedings Sua Sponte for Parent of Active Military Member
Unpublished BIA decision reopens proceedings sua sponte to let respondent adjust status based on approved visa petition filed by U.S. citizen child who is active member of the military. Special thanks to IRAC. (Matter of Oh, 6/23/20)
AILA and Partners Urge New Mexico Governor Lujan Grisham to Stop ICE Detention Facility Transfers
AILA and partners sent a letter urging New Mexico Governor Lujan Grisham to prevent transfers and book-ins to ICE contract immigration detention centers in New Mexico, particularly the Otero County Processing Center in Chaparral, in order to prevent the spread of COVID-19.
Breaking Update: You Can Still Help DACA Clients
The Supreme Court found DACA was not properly canceled, giving us an unexpected and well-deserved reprieve. But this will naturally send DACA clients to their lawyers, so we offer these tips for strategizing and communicating with DACA clients about their future options.
EOIR Announces Relocation of the San Diego Immigration Court
EOIR announced that the effective date of the relocation of the San Diego Immigration Court is June 29, 2020. The new location will resume non-detained hearings on July 6, 2020. Notice includes the new location’s address, hours of operation, and telephone number.
Documents Related to DHS v. Regents of the University of California
On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals Program, also known as DACA, was arbitrary and capricious under the Administrative Procedure Act. (DHS v. Regents of the University of California)
Fight Back Against Chevron Deference in Asylum and Withholding Cases
In this blog post, AILA member Maureen Sweeney previews her AILA Law Journal article and describes several factors litigators can argue weigh against applying Chevron in asylum and withholding cases “and in favor of robust judicial review of BIA and AG decisions.“
Supreme Court Upholds DACA, Says DHS’s Decision to Rescind Was Arbitrary and Capricious
On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals Program, also known as DACA, was arbitrary and capricious under the Administrative Procedure Act. (DHS v. Regents of the University of California)
AILA Celebrates Supreme Court’s DACA Decision, Calls for Permanent Protection
AILA applauds the U.S. Supreme Court’s decision blocking the rescission of DACA. The decision underscores the incredible importance of our nation’s foundational principle of separation of powers and the need for accountability in government agency actions.
S. 4011: Immigration Enforcement Moratorium Act
Senator Ed Markey (D-MA) announced the "Immigration Enforcement Moratorium Act," citing AILA’s prior calls on the DOJ to cease in-person removal proceedings during the public health emergency and introducing measures to promote fairness in immigration courts. AILA endorses this bill.
AILA Quicktake #288: U.S. Supreme Court Blocks Rescission of DACA Program
Jeremy McKinney, AILA's First Vice President, provides a brief analysis of SCOTUS's decision to reject the Trump Administration's rescission of the Deferred Action for Childhood Arrivals (DACA) program.
TRAC Finds Bond Grant Rates for Detained Immigrants Have Not Improved Despite Rising Representation Rates
TRAC found that nationally, representation rates for detained immigrants at bond hearings have risen, with the rate in FY2020 almost double compared to five years ago. Despite the rising representation rate, TRAC found that bond grant rates have not improved and that median bond amounts have risen.
CRS Releases Legal Sidebar on Supreme Court’s DACA Decision
CRS released a legal sidebar on the Supreme Court’s decision in Department of Homeland Security v. Regents of the University of California that the reasoning DHS offered in support of its decision to rescind DACA was inadequate and therefore violated the Administrative Procedure Act.
DHS OIG Releases Report on Early Experiences with COVID-19 at ICE Detention Facilities
DHS OIG surveyed personnel at 188 ICE detention facilities regarding their experiences and challenges managing COVID-19. Facilities reported concerns regarding availability of PPE and staff, and their inability to practice social distancing among detainees and quarantining infected individuals.
D.C. District Court Grants TRO over Access to Counsel for ICE Detainees During COVID-19 Pandemic
The court held that Southern Poverty Law Center had met the requirements for a temporary restraining order (TRO) for its conditions of confinement claim, which concerns access to counsel for individuals detained at four ICE facilities. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
U.S. District Judge Orders ICE to Remove Barriers to Access to Counsel for Detainees at Four Detention Facilities
The judge ordered ICE to comply with the optimal-level requirements of the Performance-Based National Detention Standards (PBNDS) related to calls and video-teleconferences in order to ensure access to counsel during the COVID-19 pandemic. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
BIA Reopens Proceedings Sua Sponte for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for DACA recipient who was married to a U.S. citizen and the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Sanabria Rosales, 6/17/20)
CA9 Finds “Wealthy Landowners” in Colombia Is Not a PSG
Denying the petition for review, the court held that the BIA had properly concluded that the petitioner’s proposed particular social group (PSG) of wealthy landowners in Colombia was not cognizable, because it lacked particularity and social distinction. (Cordoba v. Barr, 6/16/20)
AILA and Partners Urge DHS to End Destructive Policies That Threaten the Safety of Immigrant Children
On 6/16/20, AILA and partners sent a letter asking DHS to cease expulsions of unaccompanied children and asylum seekers at the southern border, stop deportation of unaccompanied children living within the U.S. interior without required court proceedings, and to release detained families together.
TRAC Says Public Should Not Rely on Accuracy of Immigration Court Records
TRAC received a letter from the EOIR director in response to reports of missing EOIR data. Per TRAC, “Instead of addressing the obvious serious data management problems at EOIR, Director McHenry denied there were any problems and attacked TRAC's motives for spreading … falsehoods about the agency.”
BIA Reopens Proceedings Sua Sponte for Respondent with TPS to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Rivas, 6/16/20)
BIA Rescinds In Absentia Order Over Signature on Return Receipt
Unpublished BIA decision rescinds in absentia order of deportation because signature on return receipt for Order to Show Cause did not belong to respondent or a responsible person at his address. Special thanks to IRAC. (Matter of Ramirez Flores, 6/16/20)
AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket
AILA, the Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR recommending that the overwhelming majority of non-detained hearings be postponed for the duration of the national public health emergency. Additional recommendations include a moratorium on the issuance of in absentia orders.
Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). (85 FR 36264, 6/15/20)
Practice Alert: ICE Forces Parents in Detention to Choose Between Indefinite Detention and Separation from Children
AILA issued a practice alert on reports that ICE asked immigrants detained in family detention centers to choose between being separated from their children and having the children being released or remaining in indefinite detention.
CA1 Finds Salvadoran Petitioner Was Denied Her Statutory Right to Counsel
The court concluded that the IJ had denied the Salvadoran petitioner her statutory right to be represented by the counsel of her choice, and found that the assistance of a lawyer likely would have affected the outcome of her removal proceedings. (Hernandez Lara v. Barr, 6/15/20)