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
A Resurgence of Hope for Many TPS Holders
Jason Boyd, AILA Policy Counsel, offers insights into the preliminary injunction granted in Ramos v. Nielsen, offering TPS holders, from El Salvador, Haiti, Nicaragua, and Sudan, and their families, hope in a very uncertain time.
HHS Notice of Intent to Fund 222 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide up to $6,500,000 of funding for 222 beds to keep unaccompanied children in custody. (83 FR 49931, 10/3/18)
Reuters Obtains MOU Between EOIR and NAIJ on Implementation of New Performance Measures for IJs
Reuters obtained the Memorandum of Understanding (MOU) Regarding the Implementation of New Performance Measures for Immigration Judges (IJs) between EOIR and the NAIJ, which includes FAQs on IJ case quotas and defines a status docket, among other things.
AILA Members’ Letter to the Editor Template on the Need for an Independent Immigration Judiciary
We encourage AILA members to personalize and submit this Letter to the Editor about the urgent need for an independent immigration court. Please email newsroom@aila.org with any questions or to share your success.
CA6 Reverses and Remands, Holds District Court Applied Incorrect Framework for Prejudice Prong of Strickland’s Ineffective Assistance of Coun
The court held district court properly found deficient performance, but wrongly limited prejudice question and failing to consider the deficient performance to any infected plea decisions (beyond foreclosing trial). (Rodriguez-Penton v. United States, 10/2/18)
CA3 Vacates Withholding and CAT Denials, Remands for Evidence Corroboration Determination
The court held that by applying Matter of L–A–C– to find petitioner failed to corroborate credible testimony for CAT and withholding, IJ erred in not following CA3 requirements of notice and opportunity for expected corroborating evidence. (Saravia v. Att’y Gen., 10/1/18)
The Need for an Independent Immigration Court Grows More Urgent As DOJ Imposes Quotas on Immigration Judges
As DOJ begins implementing case completion quotas, requiring immigration judges to finish 700 cases per year or face disciplinary action, AILA voices its opposition to these quotas and renews its call for the creation of an independent Article I immigration court.
Retired IJs and Former Members of the BIA Issue Statement Against IJ Performance Quotas
On October 1, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement decrying the implementation of performance quotas on immigration judges.
Ethical Questions in Representing Clients with Administratively Closed Removal Cases
Ethics issues can present themselves throughout the course of representation with administratively closed cases. Learn more about potential scenarios in this article from AILA’s PPC, including when there are unused funds in a client’s trust account and when a client disappears.
Video: AILA Calls for Immigration Court Reform
In this video, AILA Executive Director Benjamin Johnson explains the need to establish an independent immigration court system.
AILA Members Express Concern Over Efforts to Undermine Judicial Independence
Over 1,000 AILA members signed a letter expressing concern over recent administrative actions that undermine the independence and authority of immigration judges and calling for an independent, Article I immigration court system. The letter was submitted to AG Sessions and Congress on 10/1/18.
ACLU Wins Preliminary Injunction on Behalf of Noncitizen Minors Arrested Without Hearings
A district court issued a preliminary injunction ordering the government to provide noncitizen minors previously released to a sponsor who were rearrested based on allegations of gang affiliation with a hearing before an immigration judge by 11/29/17. (Saravia v. Sessions, 11/20/17)
Resources on Class Action Lawsuit Against Private Prison Contractor
Nine federal immigrant detainees filed a class action complaint (Menocal, et al. v. The Geo Group, Inc.) in the U.S. District Court for the District of Colorado against private prison contractor, The GEO Group, alleging violations for unpaid wages and forced labor.
Justice Cannot Be Carried Out on an Assembly Line
AILA Executive Director Ben Johnson issues a call to action, sharing comments from NAIJ president Ashley Tabaddor and advocating for an independent immigration court system, free from political pressure by any administration.
USCIS Statistics on Asylum Filings for Minors for FY2018
USCIS statistics for FY2018 (October 2017–September 2018) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filing with USCIS under the initial jurisdiction provision of the TVPRA.
EOIR Released Rates of Asylum Filings in Cases Originating with a Credible Fear Claim for FY2008–FY2018
EOIR released rates of asylum filings in cases originating with a credible fear claim, broken down by those referred following a credible fear claim and those referred following a credible fear claim and filed asylum application, for FY2008–FY2018.
EOIR Released Asylum Decision Rates by Nationality for FY2018
EOIR released asylum rates broken down by nationality for FY2018, including information on asylum grants, denials, administrative closure, and more.
EOIR Released Statistics on Motions to Reopen for FY2008–FY2018
EOIR released statistics on the number of motions to reopen (MTRs) filed at immigration courts and at the BIA from FY2008 through FY2018.
EOIR Releases Representation Rates for FY2018
EOIR released statistics on representation rates for FY2018 (10/1/17–9/30/18), including rates for all cases, all UAC cases, UAC cases pending more than one year, pending asylum cases, and completed asylum cases.
EOIR Releases Data on Complaints Against Immigration Judges (FY2018)
EOIR released information on complaints against immigration judges, including complaints from FY2013-FY2018, number and percentage of IJs against whom complaints were received, the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed.
EOIR Releases Statistics on Decision Outcomes for FY2018
EOIR released statistics on outcomes of initial case decisions for FY2018 (10/1/17–9/30/18). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Released Statistics on Asylum Grant Rates by Court for FY2018
EOIR has released statistics on asylum grant rates by court for FY2018.
EOIR Releases Median Completion Times for Detained Cases
EOIR released the median completion time for detained cases for FY2008 through FY2018, broken down by non-review cases (removal, deportation, exclusion, asylum-only, and withholding-only cases) and review cases (credible fear review, reasonable fear review, and claimed status review).
EOIR Released Median Pending Times for Detained Cases
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for FY2018
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.