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
Postponed: EOIR to Host Information Sessions in Advance of ECAS Launch in El Paso, El Paso SPC, and Otero
EOIR announced that information sessions that were supposed to take place in El Paso on March 19, 2020, in advance of ECAS launch at the El Paso, El Paso Service Processing Center, and Otero immigration courts have been postponed. Further information will be provided when available.
Supreme Court Rules on Definition of “Serious Drug Offense” Under Armed Career Criminal Act
The Supreme Court held that the definition of a “serious drug offense” in 18 USC §924(e)(2)(A)(ii) requires only that the state offense involve the conduct specified in the statute; it does not require that the state offense match certain generic offenses. (Shular v. United States, 2/26/20)
CA3 Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information
The court held that, in removal proceedings, Pereira v. Sessions prohibits DHS from curing a defective Notice to Appear (NTA) that has triggered the stop-time rule with a subsequent Notice of Hearing that contains the missing information. (Guadalupe v. Att’y Gen., 2/26/20)
CA7 Holds Conditions in Indonesia Did Not Materially Change for Ethnic Chinese and Buddhist Minorities Between 2003 and 2017
The court held that the BIA did not abuse its discretion in denying the motion to reopen of the petitioner, an Indonesian citizen of Chinese descent and of Buddhist faith, finding that country conditions had not materially changed since her 2003 removal hearing. (Meriyu v. Barr, 2/26/20)
CA4 Finds BIA Failed to Rebut Future-Threat Presumption Where Asylum-Seeking Honduran Petitioner Feared Abusive Ex-Partner
The court concluded that the BIA erred in finding that the government had rebutted the future-threat presumption, because it had failed to prove the petitioner’s circumstances had fundamentally changed and that she could avoid harm by relocating within Honduras. (Ortez-Cruz v. Barr, 2/26/20)
Attorney General Refers Case to Himself and Then Vacates Board’s Decision on Definition of “Torture”
The AG vacated the BIA’s decision granting deferral of removal under CAT and remanded for review, noting that the BIA should consider de novo respondent’s claim that it is more likely than not that he will be tortured upon return to Mexico. Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020)
ICE Releases Warning about Misinformation Concerning ICE Operations
ICE issued a press release about misinformation and rumors concerning ICE operations, noting that “allegations that ICE is violating its sensitive locations policy are completely false.” Among other things, ICE notes that it does not conduct “raids,” and does not need a warrant to make an arrest.
EOIR Announces Online Option for Checking Case Information
EOIR announced the addition of an online option for checking case information. The new service, available in English and Spanish, allows users to receive the most recent information about a case by inputting a unique A-Number. The automated case information hotline continues to be available.
BIA Upholds Termination of Proceedings Based on Regulatory Violation
Unpublished BIA decision upholds termination of proceedings based on DHS’s violation of 8 C.F.R. 287.3(d), which requires ICE to decide within 48 hours of arrest whether to grant bond and issue an NTA. Special thanks to IRAC. (Matter of Pablo-Nicolas, 2/25/20)
TRAC Reports That ICE Sent Detainers to 3,671 Law Enforcement Agencies in FY2019
TRAC reports that 3,671 law enforcement agencies (LEAs) were sent detainers by ICE during FY2019, a decline of 6 percent compared to FY2018. A third of these LEAs received no more than three such requests during all of FY2019. Fifteen percent received an average of one or more detainers a week.
BIA Solicits Amicus Briefs on Notices to Appear, Due March 25
The BIA solicits amicus briefs, due 3/25, on whether an NTA lacking certain information is sufficient notice of the type of proceedings being initiated, sufficient for the purpose of establishing removability, and for DHS to remove an individual to a contiguous territory pending removal proceedings.
CA4 Holds IJ in Baltimore Failed to Give Asylum Seeker an Opportunity to Testify
The court vacated the BIA’s summary affirmance of the Baltimore IJ’s rulings and remanded for reconsideration of the petitioner’s asylum claim, finding that her due process rights were violated when an IJ in Baltimore deprived her of an opportunity to testify. (Atemnkeng v. Barr, 1/24/20)
EOIR Director Solicits Amicus Briefs on Requests for Reconsideration and Administrative Review, Due March 13
EOIR director solicits amicus briefs, due 3/13, on appropriate legal standard for evaluating requests for reconsideration and of review for an administrative review, and whether prior BIA precedent decisions are binding on consideration of requests for reconsideration and on administrative reviews.
BIA Solicits Amicus Briefs on the Sufficiency of Notices to Appear
The BIA solicits amicus briefs on whether an NTA that lacks certain information is sufficient notice of the type of proceedings being initiated, sufficient for purpose of establishing removability, and sufficient for DHS to remove an individual to a contiguous territory pending removal proceedings.
Three Mothers File Class Action Lawsuit Seeking Medical and Mental Health Services After Family Separation
The government agreed to dropped its appeal of an order that required the government to provide mental health treatment for migrant parents whose children were separated from them at the border. (Ms. J.P., et al., v. Barr, 2/21/20)
CA1 Upholds Denial of Asylum to Chinese Petitioner Who Was Detained and Beaten by Police for Reading a Bible at Work
The court affirmed the BIA’s decision upholding the IJ’s denial of asylum, concluding that petitioner—a citizen of China who was detained for 23 hours, interrogated, and beaten by the police after being caught reading a Bible at work—did not suffer past persecution. (Gao v. Barr, 2/20/20)
DOJ’s Immigration Court Practice Manual (Updated on 2/20/20)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
Board of Immigration Appeals Practice Manual (2/20/20)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on February 20, 2020). This manual describes procedures, requirements, and recommendations for practice before the BIA.
Resources on Lawsuit Challenging Conditions in CBP Holding Cells
A U.S. district judge ordered CBP to overhaul the way it detains people in custody in the Tucson Sector, finding that conditions in CBP holding cells, especially those that preclude sleep over several nights, are presumptively punitive and violate the Constitution. (Doe v. Wolf, 2/19/20)
AILA Submits Amicus Brief on Whether Detention Becomes Unreasonable After One Year
AILA submitted an amicus brief in Reid v. Donelan urging the First Circuit to find that detention without an individualized reasonableness hearing pursuant to Section 1226(c) that lasts any more than six months is presumptively unconstitutional.
BIA Holds Florida Aggravated Battery Does Not Require Use of Force
Unpublished BIA decision holds that aggravated battery under Fla. Stat. 784.045(b) does not require the use of force because it encompasses simple battery against a pregnant victim. Special thanks to IRAC. (Matter of Campbell, 2/19/20)
BIA Rescinds In Absentia Order Where Paralegal Miscalendared Hearing Date
Unpublished BIA decision rescinds in absentia order due to exceptional circumstances because the attorney’s paralegal miscalendared the scheduled hearing date. Special thanks to IRAC. (Matter of Guillen Rosa, 2/18/20)
AILA Urges the Ninth Circuit to Affirm the Panel Decision and Reject Matter of Mendoza-Hernandez
AILA submitted an amicus brief to the Ninth Circuit in Lopez v. Barr, arguing that the court should reject the BIA’s decision in Matter of Mendoza-Hernandez affirming that the two-step process triggers the stop-time rule conflicts.
DHS OIG Finds ICE’s Criminal Alien Program Faces Challenges
DHS OIG released a report noting challenges faced by ICE’s Criminal Alien Program (CAP) due to uncooperative jurisdictions. The report identifies opportunities to streamline CAP processes and notes that ICE inconsistently tracked cases of LPRs charged with crimes or documented CAP-related actions.
Advocates Call on Congress to Establish an Independent Immigration Court
On 2/18/20, 54 immigration, civil rights, faith-based, government accountability, and labor organizations, including AILA, call on Congress to establish an immigration court system that is independent of DOJ so that it can guarantee due process and a fair hearing for immigrants.