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
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
CA9 Finds Reinstatement Order Was Improper Where Petitioner Showed “Gross Miscarriage of Justice”
Granting the petition for review, the court held that petitioner had shown a “gross miscarriage of justice,” because his 1998 removal order lacked a valid legal basis at the time of his 2008 removal, and his collateral attack on his removal order was timely. (Vega-Anguiano v. Barr, 11/19/19)
CA9 Says First-Degree Unlawful Imprisonment in Hawaii Is a CIMT
The court denied the petition for review, concluding that the petitioner’s conviction for first-degree unlawful imprisonment under Hawaii law was categorically a crime involving moral turpitude (CIMT) rendering the petitioner removable. (Fugow v. Barr, 11/18/19)
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
USCIS Releases Report on Arrest Histories of Individuals Who Requested DACA
USCIS released a report with data on arrests and apprehensions of individuals who requested DACA. Note: this data may include arrests that did not result in convictions or where the charges were dropped or dismissed.
Disturbing Lack of Transparency Implicates Government Data Reliability
AILA Member Alison Griffith describes the recent concerns regarding the reliability of EOIR immigration court data received via FOIA and urges people to contact Congress about the need for EOIR to share accurate data upon which the public depends.
EOIR Issues Guidance on Child Advocates Appointed by HHS for UACs
EOIR issued PM 20-03 memorializing EOIR’s policy regarding child advocates appointed by the Secretary of Health and Human Services under the TVPRA of 2008, stating that this authority only exists for “child trafficking victims and other vulnerable unaccompanied alien children,” not for all UACs.
BIA Holds Federal Conviction May Not Trigger Alien Smuggling Bar
Unpublished BIA decision holds that conviction for transporting immigrants for financial gain under 8 U.S.C. 1324(a)(1)(A)(i) does not itself trigger inadmissibility under INA 212(a)(6)(E)(i). Special thanks to IRAC. (Matter of Tobar-Hernandez, 11/15/19)
BIA Vacates Adverse Credibility Determination Based On Similarity to Other Asylum Claims
Unpublished BIA decision vacates adverse credibility finding where IJ stated without elaboration that respondent’s claim resembled facts in approximately 100 other Bangladeshi asylum claims he had heard. Special thanks to IRAC. (Matter of M-U-S-, 11/14/19)
BIA Reverses IJ Who Submitted Independent Evidence
Unpublished BIA decision reverses IJ who introduced evidence from the internet, stating that an IJ may not “do independent research and submit evidence of his own accord.” Special thanks to IRAC. (Matter of A-N-F-, 11/14/19)
BIA Remands Case of Asylum Applicant Who Was Unrepresented Before IJ
Unpublished BIA decision remands to consider cognizability of PSGs raised for first time on appeal—including “Guatemalan women”—because respondent was pro se before the IJ. Special thanks to IRAC. (Matter of E-E-G-R-, 11/14/19)
DHS Advisory Council’s CBP Families and Children Custody Panel Issues Final Report on Individuals in CBP Custody
The Homeland Security Advisory Council’s CBP Families and Children Custody Panel released its final report providing findings and recommendations regarding care for families and children in CBP custody.
EOIR Director Testifies on EOIR Operations Before Senate Committee on Homeland Security and Governmental Affairs
On November 13, 2019, EOIR Director James McHenry offered testimony before the Senate Committee on Homeland Security and Governmental Affairs about the progress EOIR has made in adjudicating cases in FY2019, continuing challenges, and the impact of unauthorized migration on its operations.
CA9 Declines to Rehear Szonyi v. Whitaker En Banc
The court issued an order amending its prior opinion and denying the rehearing en banc of Szonyi v. Whitaker, in which the court upheld the BIA’s determination that the petitioner was removable because his crimes did not arise out of a single scheme. (Szonyi v. Barr, 11/13/19)
BIA Holds California Carjacking Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds carjacking under Cal. Pen. Code 215(a) not an aggravated felony theft offense because it permits taking from a passenger rather than the owner of the car. Special thanks to IRAC. (Matter of Carrillo-Gomez, 11/13/19)
BIA Upholds Grant of Cancellation of Removal Despite Lack of Rehabilitation
Unpublished BIA decision upholds discretionary grant of an LPR's application for cancellation of removal, stating that “evidence of rehabilitation is not a prerequisite to relief in every case.” Special thanks to IRAC. (Matter of D-T-H-, 11/12/19)
AILA Sends Letter to Congress Demanding Public Access to Tent Courts
On 11/12/19, AILA called on Congress to require DHS to allow public access to the tent courts and to visit the tent courts at Laredo and Brownsville in order to observe the tent court proceedings firsthand.
For Our Tomorrow, Immigrant Veterans Gave Their Today
This Veterans Day is a good time to reflect on the Trump administration's policy changes that impact veterans and servicemembers; AILA encourages readers to contact congressional representatives and advocate for simple but immensely important changes to help veterans and their families.
CA8 Says Iowa Conviction for Willful Injury Causing Bodily Harm Is a Crime of Violence Under 18 USC §16(a)
The court held that the petitioner’s conviction for willful injury causing bodily harm in violation of Iowa law was a crime of violence under 18 USC §16(a) and thus qualified as an aggravated felony under INA §101(a)(43)(F), rendering the petitioner removable. (Jima v. Barr, 11/8/19)
BIA Rules on Legal Standard Governing Reopening of Proceedings to Terminate a Grant of Asylum
BIA ruled that reopening proceedings to terminate a grant of asylum is warranted if DHS demonstrates that evidence of fraud in original proceeding was not previously available and is material if it would have called asylum eligibility into doubt. Matter of X-Q-L-, 27 I&N Dec. 704 (BIA 2019)
CA7 Finds No Equal Protection Clause Violation in Former INA §§320–21
The court held that former INA §§320–21, which were in effect at the time of the petitioner’s birth and prevented him from automatically deriving citizenship, had a rational basis and thus did not violate the Equal Protection Clause of the Fifth Amendment. (Lopez Ramos v. Barr, 11/7/19)
Featured Issue: 2019 Large-Scale Enforcement Actions and Raids
This page includes a variety of resources to assist in responding to large-scale enforcement actions and raids, including local raids resources such as hotlines and contact information as well as attorney resources. Visit the Immigration Justice Campaign's website to volunteer.
Featured Issue: Expedited Removal
On July 23, 2019, DHS announced that it is significantly expanding expedited removal to apply throughout the United States to individuals who have been in the United States for less than two years. This featured issue page provides resources for attorneys, the press, and others.
BIA Solicits Amicus Briefs on the Meaning of the Term “Crime of Child Abuse”
The BIA is soliciting amicus briefs on whether the Supreme Court’s opinion in Esquivel-Quintana v. Sessions affects the meaning of the term “crime of child abuse” under section 237(a)(2)(E)(i) of the Act as applied to “statutory rape” convictions. Briefs are due December 6, 2019.