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
Press Call: Representative Cárdenas and Immigration Policy Experts Discuss the Politicization of Immigration Courts
On May 17, 2019, Representative Cárdenas (D-CA) joined policy experts from AILA, as well as Professor Ingrid Eagly and retired Immigration Judge Jeff Chase on a press call to discuss the current state of our nation’s immigration system.
CA4 Finds DHS’s Rescission of DACA Violated the APA
The court reversed in part the district court and remanded, holding that the government’s decision to rescind the DACA policy violated the Administrative Procedure Act (APA), because it was not adequately explained and thus was arbitrary and capricious. (Casa de Maryland v. DHS, 5/17/19)
CA5 Holds IIRAIRA Is Not Impermissibly Retroactive as Applied to Petitioner
The court held that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) was not impermissibly retroactive as applied to the petitioner, because no adjustment application was pending at the time of the reinstatement order. (Terrazas-Hernandez v. Barr, 5/16/19)
Fifty-Five Members of Congress Call on DOJ to Reverse the Matter of M-S- Decision
On 5/15/19, Representatives Tony Cárdenas (D-CA) and Darren Soto (D-FL) and 55 colleagues sent a letter to DOJ urging it to reverse Matter of M-S- which would make people apprehended between ports with credible fear determinations ineligible for bond hearings in front of an IJ.
BIA Equitably Tolls Deadline for Motion to Reopen Filed with Diligence After Dimaya
Unpublished BIA decision equitably tolls deadline for respondent ordered removed in 2001 where motion to reopen was filed with diligence after Supreme Court decision finding 18 U.S.C. 16(b) unconstitutionally vague. Special thanks to IRAC. (Matter of Aguilar Elias, 5/15/19)
AILA Policy Brief: Facts About the State of Our Nation’s Immigration Courts
AILA issued a policy brief in response to EOIR’s Myths vs. Fact memo that was disseminated on May 8, 2019. AILA explains that EOIR’s skewed portrayal only demonstrates the urgent need for Congress to create an independent court, separate from DOJ.
Retired IJs and Former Members of the BIA Object to EOIR’s Dissemination of Misinformation
On May 13, 2019, retired IJs and former members of the BIA submitted a letter to EOIR Director McHenry in response to EOIR’s Myths vs. Fact memo issued on May 8, 2019. The letter characterizes EOIR’s memo as “political pandering.”
Association of Immigration Judges Says DOJ’s “Myths v. Facts” Fact Sheet Filled with Errors and Misinformation
On May 13, 2019, the National Association of Immigration Judges (NAIJ) responded to EOIR’s Myths vs. Fact memo issued on May 8, 2019. Their response outlines key assertions made in the EOIR memo that “mischaracterize or misrepresent the facts.”
CA2 Says Second-Degree Assault Conviction in New York Is an Aggravated Felony Crime of Violence
The court denied the petition for review, finding that the petitioner’s conviction for second-degree assault in violation of New York Penal Law §120.05(1) was an aggravated felony crime of violence under INA §101(a)(43)(F) and 18 USC §16. (Thomson v. Barr, 5/13/19)
BIA Terminates Proceedings Due to Lack of Affirmative DHS Opposition
Unpublished BIA decision terminates proceedings so respondent can pursue an adjustment of status application before USCIS in light of DHS’s lack of affirmative opposition. Special thanks to IRAC. (Matter of Abreha, 5/13/19)
BIA Reopens Proceedings Sua Sponte Under Dimaya for Deported Respondent
Unpublished BIA decision reopens and terminates proceedings sua sponte in light of Supreme Court decision finding 18 U.S.C. 16(b) unconstitutionally vague and notwithstanding respondent’s lawful removal to Mexico in the interim. Special thanks to IRAC. (Matter of Navarro, 5/13/19)
BIA Holds Burning of Meeting House in Massachusetts Not a CIMT
Unpublished BIA decision holds that burning of a meeting house under Mass. Gen. Laws Ann. ch. 266 § 2 is not a CIMT because it applies to the owner setting fire to their own property. Special thanks to IRAC. (Matter of Rosa Pena, 5/10/19)
CA9 Finds California Felony Conviction Reclassified as a Misdemeanor Retains Its Immigration Consequences
The court found that the petitioner’s felony conviction for possession of marijuana for sale in California rendered the petitioner removable, even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64. (Prado v. Barr, 5/10/19)
CRS Releases Legal Sidebar on Matter of M-S-
CRS released a Legal Sidebar on the statutes and regulations governing expedited removal and the detention of individuals placed in formal removal proceedings, including how the AG’s ruling in Matter of M-S- modified immigration authorities’ prior interpretation of these legal authorities.
CA2 Finds Conspiracy in the Second Degree in New York Is an Aggravated Felony
The court denied the petition for review, finding that the petitioner’s conviction for conspiracy in the second degree to commit a felony—namely, murder in the second degree—under New York law constitutes an aggravated felony. (Santana-Felix v. Barr, 5/9/19)
CA7 Says It Lacks Jurisdiction to Review Prior Removal Order in Reinstatement Proceedings
The court dismissed the petition for review, holding that, under the plain language of 8 USC §1231(a)(5), it lacked jurisdiction to review the petitioner’s underlying 2005 removal order in the context of his reinstatement proceedings. (Villa v. Barr, 5/9/19)
AILA Update: Feeing in a Motion with EOIR at a Local USCIS Office
AILA provides results from the recent call for examples survey concerning feeing in a motion with EOIR at local USCIS field offices, as well as updates on subsequent actions taken with both USCIS and the CIS Ombudsman’s office.
CRS Report on “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico
CRS provided an updated analysis of the Migrant Protection Protocol, discussing recent litigation, the rollout of the policy, expedited removal, statutory authority for the policy, and other legal issues.
NARA Notice of Records Schedules Including USCIS Records on Notices to Appear
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies in which the agencies propose to dispose of certain records. This notice includes a USCIS records schedule relating to Notices to Appear. (84 FR 20166, 5/8/19)
EOIR Releases “Myths vs. Facts About Immigration Proceedings”
EOIR released a purposed “Myths vs. Facts About Immigration Proceedings” factsheet.
Immigration Judge Grants Motion to Reopen In Absentia Order of Removal
Immigration Judge finds that if a party does not receive Notice of Hearing and is removed in absentia, said party may re-open proceedings to hear the case on its merits. The court relied on lack of evidence produced by the government in coming to its conclusion. Courtesy of Roopal Patel.
CA5 Rules in Favor of Government Where Asylum-Seeking Appellants Were Separated from Children and Deported
The court affirmed the district court’s judgment in favor of the government, holding that nothing in INA §235(b)(1)(A)(ii) prevents the government from initiating a criminal prosecution before or during the mandated asylum process. (United States v. Vasquez-Hernandez, et al., 5/8/19)
BIA Holds Offering to Transport Cocaine in California Not an Aggravated Felony
Unpublished BIA decision holds that offering to transport cocaine under Cal. Health & Safety Code 11352(a) is not an aggravated felony because solicitation offenses are not punishable under the Controlled Substances Act. Special thanks to IRAC. (Matter of Escobar, 5/7/19)
BIA Holds Minnesota Threats of Violence Not a CIMT
Unpublished BIA decision holds that threat of violence under Minn. Stat. 609.713, subd. 1 is not a CIMT in light of the state court cases cited in Avendano v. Holder, 770 F.3d 731 (8th Cir. 2014). Special thanks to IRAC. (Matter of Osman, 5/7/19)
EOIR 60-Day Notice and Request for Comments on Form EOIR-26
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-26, Notice of Appeal From a Decision of an Immigration Judge. Comments are due 7/8/19. (84 FR 19960, 5/7/19)