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
S. 3567: No Internment Camps Act
On 10/10/18, Senator Jeff Merkley (D-OR) introduced the No Internment Camps Act (S. 3567) to prohibit the use of funds for the operation or construction of immigration detention facilities, and for other purposes.
BIA Holds Maryland Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Md. Code Ann., Crim. Law 7-104 is not a CIMT under Leyva-Martinez v. Sessions, 892 F.3d 655 (4th Cir. 2018). Special thanks to IRAC. (Matter of Salekh, 10/10/18)
BIA Holds Georgia Financial Transaction Card Theft Not an Aggravated Felony
Unpublished BIA decision holds that financial transaction card theft under Geo. Code Ann. 16-9-31(a)(1) is not an aggravated felony because it applies to fraudulent takings. Special thanks to IRAC. (Matter of Jasim, 10/9/18)
GAO Issues Report on Agency Efforts to Reunify Children Separated from Parents at the Border
The GAO issued a report on the processes for tracking and reunifying separated families. This report discusses DHS/HHS efforts related to the AG’s April 2018 memo, systems for indicating children were separated from parents, and actions to reunify families in response to the June 2018 court order.
IJ Terminates Proceedings After Finding Conviction Under NYPL §261.01 Does Not Render Respondent Removable
IJ granted motion to terminate, finding respondent's conviction for possession of a weapon under NYPL §261.01 categorically overbroad, divisible, and finding the modified categorical approach insufficient to satisfy DHS's burden of proof. Courtesy of Michael Z. Goldman.
CBP Issues Updated Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released an updated statement on Canada’s marijuana legalization, stating that “A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S."
Bite-Sized Ethics: Advising Clients on DACA Given its Uncertain Future
An estimated 700,000 people have been granted DACA since the program’s start. With the current administration’s efforts at immigration enforcement, this article from AILA’s PPC discusses how immigration attorneys must be more aware than ever of their ethical duties in advising DACA clients.
TRAC Report: Profiling Who ICE Detains
TRAC reviewed case-by-case ICE records and released a report on who ICE is detaining, finding that 58% of individuals in ICE custody had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation.
House Members Condemn Transfer of Migrant Children to Tent City in Texas
On 10/5/18, Representatives Lucille Roybal-Allard (D-CA), Pramila Jayapal (D-WA), and Zoe Lofgren (D-CA) led a group of 72 members of Congress in sending a letter to DHHS and DHS condemning the transfer of more than 1,600 children to an Office of Refugee Resettlement tent city in Tornillo, TX.
CA8 Finds Applicant Failed to Establish Past Persecution or Well-Founded Fear of Future Persecution
The court held that harm petitioner suffered did not rise to the level of persecution, and that potential future persecution was avoidable by reasonable relocation within Ecuador based on petitioner’s prior successful relocations. (Molina-Cabrera v. Sessions, 10/5/18)
BIA Holds Food Stamp Fraud Not a CIMT
Unpublished BIA decision holds that the unauthorized use of food stamps under 7 U.S.C. 2024(b) is not a CIMT, finding persuasive the analysis in Huynh v. Holder, 321 F. App’x 649 (9th Cir. 2009). Special thanks to IRAC. (Matter of Jeong, 10/5/18)
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.
BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code
The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II). Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)
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)
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.
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)
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.
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.
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.