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
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.
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)
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 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)
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)
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.
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.”
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)