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
Motion for Extension of Time to File Reply Brief – Eleventh Circuit
Sample motion for an appellant’s unopposed motion for an extension of time to file a reply brief in the Eleventh Circuit. (Miscellaneous Motion)
CA10 Says Stop-Time Rule Is Triggered by One Complete NTA, Not a Combination of Documents
Granting the petition for review, the court held that, given the unambiguous statutory language for the stop-time rule and Notices to Appear (NTAs), the stop-time rule is not triggered by the combination of an incomplete NTA and a notice of hearing. (Banuelos-Galviz v. Barr, 3/25/20)
AILA Practice Alert: Personal Protective Equipment (PPE) Requirements for Attorneys in Detained Courts
AILA provides a practice alert on ICE's personal protective equipment (PPE) requirements for attorneys in detained courts.
CA2 Resolves Issue of First Impression Regarding Military’s Traditional Unitary Sentencing Scheme
The court held that, under the military’s unitary sentencing scheme, a military judgment in which a single sentence of confinement is imposed in connection with multiple counts of conviction may not be presumed equivalent to equal, full‐term, concurrent sentences. (Persad v. Barr, 3/24/20)
GAO Releases Report on Care of Pregnant Women in DHS Facilities
GAO examined DHS data and policies addressing the care of pregnant women in DHS facilities, finding 79 percent or greater compliance with most of ICE’s pregnancy-related performance measures. GAO found limited information on care provided by CBP since it relies on offsite care for pregnant women.
CA8 Upholds Denial of Motion to Remand Where Petitioner’s Evidence Did Not Contain New Information on Qualifying Relative
The court held that the BIA did not abuse its discretion in finding that petitioner had failed to provide new and previously unavailable evidence regarding his qualifying relative, where the evidence did not contain new information postdating the IJ’s decision. (Campos-Julio v. Barr, 3/23/20)
SCOTUS Finds Immigrants Have Availability of Judicial Review of Removal Orders
The Supreme Court vacated the Fifth Circuit decision and remanded, ruling in favor of the noncitizens who were challenging the denial of their motions to reopen their removal cases. (Guerrero-Lasprilla v. Barr, 3/23/20)
Practice Alert: ICE Expands Enforcement Actions in Sanctuary Cities
AILA provides a practice alert on ICE’s 24-hour-a-day surveillance operations around the homes and workplaces of undocumented immigrants in sanctuary cities, what ICE is calling “Operation Palladium.”
Citing Coronavirus Risks and a New Irresponsible Policy for Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees,
AILA and the American Immigration Council, with over 100 other organizations, sent a letter to EOIR and ICE calling for the prioritization of the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak.
AILA and Partners Send Letter to EOIR and ICE on Legal Access in Immigration Detention and Immigration Courts During COVID-19 Pandemic
AILA, the Council, and more than 100 other organizations sent a letter urging EOIR and ICE to immediately authorize robust and automatic use of remote options for immigration court appearances and attorney-client meetings.
Immigration Judges, Prosecutors, and Attorneys Renew Call for Immediate Closure of All Immigration Courts
AILA, NAIJ, and AFGE #511 (ICE Professionals Union) all say that it is urgent for the public’s safety that DOJ immediately close all 68 immigration courts operated by EOIR. AILA's Second Vice President Jeremy McKinney states, “All live in-person hearings need to be immediately suspended.“
DOJ’s Immigration Court Practice Manual (Updated on 3/20/20)
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.
Advocates Call on Congress to Establish an Article I Immigration Court System
AILA and advocates sent a letter to the House Committee on the Judiciary, Subcommittee on Immigration and Citizenship, supporting the recommendation of the ABA, immigration judges, and immigration lawyers, among others, to establish an Article I Immigration Court system that is independent of DOJ.
BIA Dismisses Interlocutory DHS Appeal Challenging Administrative Closure Following Approval of Form I-360
Unpublished BIA decision declines to consider interlocutory DHS appeal challenging administrative closure for respondent with approved Form I-360 to await a current priority date. Special thanks to IRAC. (Matter of D-J-B-F-, 3/20/20)
Lawsuit Seeks to Uncover Problematic Board of Immigration Appeals’ Hiring Procedures
AILA and the Council filed federal litigation on March 17, 2020, to compel DOJ to release records about the Executive Office for Immigration Review’s hiring procedures for appellate immigration judges and Board of Immigration Appeals members.
CA5 Finds Petitioner Convicted in Texas for Delivery of Controlled Substance Is Not Eligible for Cancellation of Removal
The court held that although petitioner’s state law conviction was not a categorical match to the federal schedule of controlled substances under INA §237(a)(2)(B)(i), there was no realistic probability that Texas courts would apply its statute in a nongeneric way. (Vetcher v. Barr, 3/19/20)
ACLU and NWIRP File Complaint Seeking Release of Individuals in Civil Detention Due to COVID-19
Advocates sued on behalf of immigrants detained at the Tacoma Northwest Detention Center seeking the release of people who are at high risk for serious illness or death in the event of COVID-19 infection. On 3/19/20, the judge denied the motion for a TRO. (Dawson v. Asher, 3/16/20)
BIA Dismisses Appeal After Finding Respondent Presented a Significant Flight Risk
The BIA found that the IJ properly determined that the respondent was a flight risk and denied his request for a custody redetermination where, although there was a pending asylum application, he had no ties/no probable path to lawful status. Matter of R-A-V-P-, 27 I&N Dec. 803 (BIA 2020)
EOIR Defers All Non-Detained Cases Until April 10, 2020, Due to COVID-19
EOIR issued a memo with guidance on immigration court practices during the COVID-19 outbreak, including a note that effective 3/18/20, EOIR deferred hearings for all non-detained cases until 4/10/20.
Press Call: Immigration Judges and Attorneys Joined by Public Health Experts Call for Additional Protective Measures Amid COVID-19 Outbreak
On a press call, AILA’s Senior Policy Counsel Laura Lynch and Second Vice President Jeremy McKinney joined representatives from the NAIJ, the ICE Professionals Union, and the Harvard School of Public Health to call on EOIR to implement additional protective measures amid the COVID-19 outbreak.
DOJ’s Immigration Court Practice Manual (Updated on 3/17/20)
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.
FOIA Request on Immigration Courts and Adjudication Centers
AILA, the AILA Chicago Chapter, the American Immigration Council, and the National Immigrant Justice Center submitted a FOIA request for records related to immigration courts and immigration adjudication centers.
CA9 Says Noncitizen Does Not Withdraw Appeal of Final Removal Order Simply Due to Involuntary Removal from the United States
The court granted the petition for review and remanded to the BIA, holding that the petitioner’s involuntary removal from the United States while his appeal was pending before the BIA did not withdraw his appeal under 8 CFR §1003.4. (Lopez-Angel v. Barr, 12/27/19, amended 3/17/20)
BIA Holds Colorado Definition of Marijuana Broader Than Federal Definition
Unpublished BIA decision holds that Colorado’s definition of marijuana is broader than the federal definition because it includes marijuana stalks. Special thanks to IRAC. (Matter of Arellano-Casas, 3/17/20)
BIA Reopens Proceeding Sua Sponte for Respondent Previously Removed from the Country
Unpublished BIA decision reopens proceedings sua sponte following vacatur of conviction underlying sole charge of removability and notwithstanding respondent’s physical removal from United States in 2014. Special thanks to IRAC. (Matter of Garcia-Navarro, 3/16/20)