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 Holds Florida Theft Not a CIMT
Unpublished BIA decision holds that theft under Fla. Stat. Ann. 812.014 is not a CIMT because plain language of statute criminalizes the temporary taking of property without requiring a substantial deprivation to the owner. Special thanks to IRAC. (Matter of Ramos Bauza, 11/29/19)
District Court Holds Government Bears Burden of Proof in Justifying a Noncitizen’s Detention at INA §236(a) Bond Hearings
The U.S. District Court for the District of Massachusetts held that the BIA’s policy of placing the burden of proof on the noncitizen at INA §236(a) bond hearings violates due process and the Administrative Procedure Act (APA). (Brito, et al. v. Barr, et al., 11/27/19)
District Court Grants Class Action Status in Case Brought by Adelanto ICE Detainees Against Private Prison Firm
In a case alleging that the GEO Group required ICE detainees at the Adelanto Detention Facility to work for little to no pay, the U.S. District Court for the Central District of California granted the plaintiffs’ motion for class certification. (Novoa, et al. v. The GEO Group, Inc., 11/26/19)
Practice Alert: DHS Issuing NTAs with Fake Times and Dates
Back in 2015, EOIR used a “parking date” of November 29, 2019, to help manage its immigration court docket. AILA is trying to gauge if these hearings have been rescheduled. Please submit your examples if you have a hearing on that date.
Why Immigration Lawyers Should Care about the TRAP Act – It Will Address INTERPOL Abuse
AILA Member Sandra Grossman highlights the efforts in Congress to address the abuse of INTERPOL Red Notices in the U.S. immigration context and urges support for the TRAP Act which would move INTERPOL to improve transparency and deter abuse of their system.
TRAC Finds Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction
TRAC found that the growth in detention by ICE over the past four years has been fueled by a steady increase in the number of detainees with no criminal history. As of April 2019, 64 percent of detainees had no criminal conviction on record, compared to just under 40 percent four years prior.
IJ Holds Respondent’s Convictions for Third-Degree Grand Theft and Petit Larceny in Florida Are Not CIMTs
The Immigration Judge held that the respondent’s convictions for grand theft in the third degree and petit larceny in violation of section 812.014 of the Florida Statutes were not categorically crimes against moral turpitude (CIMTs). Courtesy of Ronald Haber. (Matter of Pierre, 11/26/19)
CA4 Finds BIA’s Remand Order to IJ for Background Checks Was Not a Final Order of Removal for Purposes of Judicial Review
The court concluded that the BIA’s July 9, 2018, remand order, which remanded the petitioner’s case to the IJ for background checks pursuant to the IJ’s grant of withholding of removal, did not constitute a “final order of removal” within the meaning of INA §242. (Kouambo v. Barr, 11/25/19)
CA9 Holds Petitioner Who Filed a Frivolous Asylum Application Was Barred from Receiving a Waiver of Removal Under INA §237(a)(1)(H)
The court denied the petition for review, holding that the frivolous asylum application bar at INA §208(d)(6) precludes an applicant from receiving all benefits under the INA, including a waiver of removal under INA §237(a)(1)(H). (Manhani v. Barr, 11/25/19)
CA9 Says Petitioner Was “Otherwise Admissible” for Purposes of an INA §237(a)(1)(H) Waiver Notwithstanding INA §212(e)
Granting the petition for review and remanding, the court held that a noncitizen who seeks a waiver under INA §237(a)(1)(H) is “otherwise admissible” even though he failed to return to his country of origin for at least two years as required by INA §212(e). (Fares v. Barr, 11/25/19)
DHS OIG Found DHS Lacked Technology Needed to Successfully Account for Separated Migrant Families
DHS OIG issued a report finding that although DHS spent thousands of hours and more than $1 million in overtime costs, it did not achieve the original goal of deterring migrants and did not have the IT system functionality needed to track separated families which led to widespread errors.
EOIR Provides Information on ECAS
EOIR Court & Appeals System (ECAS) is part of an overarching information technology modernization effort at EOIR. Its goal is to phase out paper filing and processing, and to retain all records and case-related documents in electronic format.
ICE Releases Warning About Misinformation on Social Media
ICE warned that misinformation about ICE can be posted on social media. An example from 11/23/19 was provided, with ICE stating that it was a prime example of, "reckless, irresponsible misinformation that continues to mislead the public" concerning ICE's mission.
CA5 Holds It Lacks Jurisdiction to Review Motion to Reopen That VWP Participant Was Not Entitled to File
The court held that, as a Visa Waiver Program (VWP) participant, petitioner was limited to contesting his removal on the basis of an asylum application, and thus that INA §217(b)(2) barred him from challenging his deprivation of a hearing via a motion to reopen. (Lavery v. Barr, 11/22/19)
Congressional Letter to CBP Expresses Concerns over Truncated Asylum Programs
Members of Congress sent a letter led by Representative Veronica Escobar (D-TX) to the Acting Commissioner of CBP, Mark A. Morgan, expressing concerns over two new programs subjecting vulnerable individuals in El Paso, Texas to truncated asylum review processes.
EOIR to Open New Immigration Court in Los Angeles
EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation.
CA2 Remands Where Petitioner Made Prima Facie Showing of Egregious Violation of His Fourth Amendment Rights
The court found that the petitioner, who had been arrested in an ICE raid in Connecticut in 2007, had made a prima facie showing of an egregious violation of his Fourth Amendment rights, because the evidence suggested that his arrest was racially motivated. (Rodriguez v. Barr, 11/21/19)
AG Refers BIA Case to Himself and Invites Amicus Regarding Definition of Aggravated Felony
The Attorney General referred a BIA decision to himself for review of whether an individual who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony. Amicus briefs are due by 1/17/20. Matter of Reyes, 27 I&N Dec. 708 (A.G. 2019)
EOIR Releases Memo on Legal Advocacy By Non-Representatives in Immigration Court
EOIR released a memo that reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings as EOIR does not allow individuals to appear and engage in legal advocacy without being recognized as a legal representative.
BIA Rescinds In Absentia Order Against Respondents Formerly in MPP
Unpublished BIA decision rescinds in absentia order sua sponte in light of DHS non-opposition stating that respondents did not receive notice after being removed from the Migrant Protection Program. Special thanks to IRAC. (Matter of M-D-R-D-, 11/21/19)
Prepping for the Next Debate: Where the Candidates Stand on Immigration
Greg Chen and Cara Pavlak highlight the positions of the Democratic presidential candidates on immigration and encourage readers to use the AILA 2020 Election Guide, and the accompanying social media toolkit, to engage on immigration during the debate.
BIA Finds Certain Informants to Be a Cognizable Social Group
Unpublished BIA decision holds “noncriminal informants that have testified against criminals” is a cognizable particular social group. Special thanks to IRAC. (Matter of L-M-M-D-, 11/19/19)
BIA Holds Conviction Under Cal. Penal Code 266i(a)(1) Not an Aggravated Felony
Unpublished BIA decision holds conviction under Cal. Penal Code 266i(a)(1) for pandering by procuring is not an aggravated felony under INA 101(a)(43)(K). Special thanks to IRAC. (Matter of Silva Madrigal, 11/19/19)
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”