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
Congress Authorizes Ombudsman for Immigration Detention
Congress authorized the creation of an Ombudsman for Immigration Detention in Pub. L. No. 116-93. The new office will be independent of DHS agencies and officers and will report directly to the DHS Secretary.
EOIR to Open New Immigration Court in Houston
EOIR will open a new immigration court in Houston, Texas, on S. Gessner Road on January 6, 2020. Notice includes information regarding all three Houston-area immigration courts, including court locations, contact information, and hours of operation.
USCIS Releases Policy Alert on the Effect of Travel Abroad by TPS Beneficiaries with Final Orders of Removal
USCIS updated its policy manual to clarify the effect of travel abroad by TPS beneficiaries with final removal orders. Per USCIS, TPS beneficiaries who depart and return to the U.S. based on authorization to travel remain in the exact same immigration status and circumstances as when they left.
EOIR to Swear in 28 New Immigration Judges
EOIR announced that it will invest 28 new immigration judges (IJs) on December 20, 2019, bringing the IJ corps to its highest level in history with more than 465 IJs on the bench. The new judges were appointed by AG William Barr. Notice includes judges’ biographical information.
USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility
USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. Comments are due 1/21/20. (84 FR 69640, 12/19/19)
EOIR 30-Day Notice and Request for Comments on Form EOIR-56
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings. Comments are due 1/21/20. (84 FR 69766, 12/19/19)
ICE Notice with Correction to 60-Day Notice on Proposed Revisions to Form I-352
ICE notice correcting an error to the 60-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond, which was published at 84 FR 44913 on 8/27/19. (84 FR 69761, 12/19/19)
CA2 Says BIA Appeal Filing Deadline Is a Claim-Processing Rule Amenable to Equitable Tolling
The court held that the BIA must consider the principles of equitable tolling when an untimely appeal is filed and the petitioner raises the issue, as the petitioner did in this case, and remanded to the BIA to consider whether equitable tolling applied. (Attipoe v. Barr, 12/19/19)
ICE Issues Updated National Detention Standards
ICE issued the National Detention Standards (NDS) 2019, which supersede the standards issued in 2000. Designed for non-dedicated facilities, the revised NDS eliminate or greatly reduce a number of prior standards, including for emergency plans, non-medical emergency escorted trips, and more.
BIA Acknowledges Limitations of Matter of A-B-
Unpublished BIA decision states that Matter of A-B-, 27 I&N Dec.316, 320 (A.G. 2018), “does not preclude all domestic violence claims without exception in the asylum context.” Special thanks to IRAC. (Matter of A-B-S-P, 12/19/19)
Address Change for the Office of the Principal Legal Advisor in York, Pennsylvania
The Office of the Principal Legal Advisor in York, Pennsylvania, has moved from its location at the York County Prison. Any mail or documents sent to that address will no longer be properly served upon DHS. Notice includes new address.
Immigrant Advocacy Groups File Suit Challenging the Weaponization of Immigration Courts
Several immigrant advocacy groups filed a lawsuit challenging the weaponization of the nation’s immigration court system, or the creation of “an adjudication system where applicants for asylum are supposed to lose.” (Las Americas Immigrant Advocacy Center v. Trump, 12/18/19)
CA3 Finds Conspiracy to Commit Assault with a Dangerous Weapon Under 18 USC §1959(a)(6) Is Not an Aggravated Felony
The court granted the petition for review, concluding that the petitioner’s conviction under 18 USC §1959(a)(6) was not an aggravated felony under INA §101(a)(43)(F), (U), or (J), and thus that the petitioner was not removable as charged. (Quinteros v. Att’y Gen., 12/17/19)
AILA Submits Amicus Brief on Judicial Review of Convention Against Torture (CAT) Claims
AILA submitted an amicus brief in Nasrallah v. Barr urging the Eleventh Circuit to find that 8 U.S.C. §1252(a)(2)(C) does not impede judicial review of torture claims.
BIA Holds Second Degree Assault Under N.Y.P.L. §120.05(4) Not a Crime of Violence
Unpublished BIA decision holds second degree assault under N.Y.P.L. §120.05(4) not a crime of violence because it can be committed with a mens rea of recklessness. Special thanks to IRAC. (Matter of Hall, 12/16/19)
District Court Enjoins ICE from Alleging “Fugitive” Status as a 7(A) FOIA Exemption
The district court in Colorado held that ICE’s Standard Operating Procedure (SOP) of denying any FOIA request when made by or on behalf of a noncitizen whom ICE deemed a “fugitive” under the immigration laws was not a proper categorical application of Exemption 7(A). (Smith v. ICE, 12/16/19)
DHS Releases Memos and Management Directives
DHS released memos and management directives on law enforcement, advanced parole, removal, VAWA, and other topics.
AILA Submits Amicus Brief Urging the Eleventh Circuit to Reverse Panel Decision
AILA submitted an amicus brief in Patel v. U.S. Attorney General arguing that the question of whether Mr. Patel is inadmissible as having made a false claim to U.S. citizenship, and therefore eligible for adjustment is reviewable, therefore recommending the preceding decision be reversed.
District Court Finds 8 CFR §241.14(d) Does Not Authorize Petitioner’s Ongoing and Potentially Indefinite Detention
A federal court in New York held that the petitioner’s continued immigration detention was not lawfully authorized by 8 CFR §241.14(d), and ordered an evidentiary hearing to determine whether INA §236(a) lawfully authorizes the petitioner’s ongoing detention. (Hassoun v. Searls, 12/13/19)
BIA Reopens Proceedings Sua Sponte in Light of Significant Equities
Unpublished BIA decision reopens proceedings sua sponte for respondent with LPR spouse, four U.S. citizen children, and nine U.S. citizen grandchildren. Special thanks to IRAC. (Matter of Luis, 12/13/19)
BIA Holds Wisconsin Child Enticement Not a CIMT
Unpublished BIA decision holds that child enticement under Wis. Stat. 948.07 is not a CIMT because it does not require defendants to know the victim was a minor. Special thanks to IRAC. (Matter of Karnga, 12/13/19)
Local EOIR Liaison Meeting Minutes with ACIJ Clay Martin and Court Administrator Ponce De Leon
Local EOIR Liaison meeting minutes with ACIJ Clay Martin and Court Administrator Ponce De Leon at the San Antonio Immigration Court. Topics discussed include MPP, NTA filing issues, E-filing, and more.
BIA Rules that IJs Are Not Required to Personally Identify Inconsistencies in the Record Before Relying on Them to Make Adverse Credibility Findings
BIA ruled that if inconsistencies in the record are obvious and previously identified by applicant or DHS, an IJ is not personally required to specify them and solicit an explanation before relying on them to make an adverse credibility finding. Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)
ICE Releases FY2019 Enforcement and Removal Operations Report
ICE released a report summarizing ERO activities during FY2019. In FY2019, ICE ERO arrested 143,099 individuals and removed 267,258. Per ICE, in FY2019, ICE ERO activity was significantly impacted by the reallocation of resources, including approximately 350 ERO officers, to the southern border.
AILA Urges the Second Circuit to Follow Other Circuits in Rejecting Matter of Mendoza-Hernandez
AILA submitted an amicus brief in Guasco v. Barr arguing that the BIA’s conclusion that the two-step notice process triggers the stop-time rule conflicts with the statute’s unambiguous text and unreasonably departs from the consistent recognition that a NTA is a single document.