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
AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts
AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges.
DHS/HHS Notice of Proposed Rulemaking on Flores Settlement Agreement
DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. Comments are due by 11/6/18. (83 FR 45486, 9/7/18)
AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague
AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague.
The Council Provides Practice Advisory on Motions for a Continuance
The American Immigration Council provided a practice advisory with an overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances, as well as strategies in light of Matter of L-A-B-R-.
CA3 Denies Petition, Holds §237(a)(1)(H) Fraud Waiver Does Not Reach §237(a)(2) CIMT Conviction for Making False Statements
The court held §237(a)(1)(H)’s text and structure limit its application to only §237(a)(1) grounds of inadmissibility, like fraud and other grounds resulting from that underlying fraud; cannot reach deportability grounds like a §237(a)(2) CIMT. (Tima v. Att’y Gen., 9/6/18)
CA1 Dismisses, Finds Petitioner Failed to Present Any Colorable §240A or Due Process Arguments to Trigger Jurisdiction
The court held IJ’s assessment on qualifying relative’s health was fact-finding, not legal question to trigger jurisdiction. CA1 also found discretionary relief not protected by due process; thus, no jurisdiction to review use of police report in §240A decision. (Rivera v. Sessions, 9/6/18)
Trump Administration Lines Up End Run Around Protections for Detained Children
The Trump administration announced plans to release proposed changes to regulations that are intended to terminate the Flores Settlement Agreement, a decades-old court settlement put in place to ensure the safety and proper care of children in immigration detention.
EOIR Issues Analysis of Its Legal Orientation Program
EOIR conducted an analysis comparing multiple key performance metrics between respondents who participated in its general Legal Orientation Program (LOP) and those who did not. The Vera Institute of Justice released a statement that there are "insurmountable methodological flaws" in EOIR's review.
Sign-On Letter on Reduction of Detention and Enforcement Funds in FY2019 Continuing Resolution
On 9/5/18, AILA joined national, state, and local immigrant rights organizations on calling on congressional leadership and appropriators to reduce ICE’s funds for immigration detention and enforcement due to DHS’s overspending and poor conditions inside ICE’s jails.
BIA Terminates Removal Proceedings Against Respondent Convicted of Possession of Drug Paraphernalia
Unpublished BIA decision grants joint motion to terminate removal proceedings reflecting agreement that possession of drug paraphernalia under 35 Penn. Stat. §780-113(a)(32) falls under exception for personal use of marijuana. Special thanks to IRAC. (Matter of Cumorovic, 9/5/18)
EOIR Releases Updated Uniform Docketing System Manual
EOIR issued an updated Uniform Docketing System Manual covering the case processing system that governs the management of all cases in the immigration court. Operational procedures are amended or created through OPPM issued by the Chief Immigration Judge.
BIA Distinguishes Pereira and Dismisses Respondent’s Appeal
The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
USCIS Provides Data on Active DACA Recipients as of August 31, 2018
USCIS provided data on active DACA recipients as of August 31, 2018, by country of birth.
USCIS Provides Approximate Number of Active DACA Recipients as of August 31, 2018
USCIS provided data on the approximate number of active DACA recipients, as well as the number with a renewal pending, broken down by month and year of their current DACA expiration date, as of August 31, 2018.
USCIS Provides Data on Pending DACA Applications as of August 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of August 31, 2018.
Judge Denies Preliminary Injunction, Preserving DACA For Now
On June 18, 2020, following the SCOTUS decision, Judge Hanen issued an order staying the case for 30 days, and that "at that time, the parties are to file a joint status report setting out their respective positions given that ruling and an agreed schedule to resolve this matter.”
BIA Rescinds In Absentia Order Due to Problems With Hearing Notice
Unpublished BIA decision rescinds in absentia order because the hearing notice was returned as undeliverable and the address was not visible through the envelope window. Special thanks to IRAC. (Matter of Lozano Alvarado, 8/31/18)
USCIS Performance Data on DACA Applications Through August 2018
USCIS statistics on I-821D DACA applications, broken down by intake, case status, and whether the application was an initial or renewal application for FY2012 through the third quarter of FY2018 plus August 2018. The FY2018 data is broken down by quarter.
CA9 Remands, Holds Petitioner Did Not Make False Claim of Citizenship
The court held petitioner did not complete a Form I-9, so he did not falsely claim citizenship under the 8 USC §1324a attestation requirement for private employment, and, thus, did not make a false representation for benefits under INA §212(a)(6)(C)(ii)(I). (Diaz-Jimenez v. Sessions, 8/30/18)
CA9 Remands, Holds IJ/BIA Erred in Determining No Past Persecution and in Reliance on Outdated Reports to Rebut Presumption of Future Persecution
The court held that harm to petitioner and his family established past persecution on account of protected grounds, and held reliance on outdated country conditions failed to rebut presumption of future persecution; it also reversed CAT denial. (Quiroz Parada v. Sessions, 8/29/18)
Practice Pointer: Matter of Castro-Tum
On 5/17/18, the Attorney General issued a decision in Matter of Castro-Tum that severely limits immigration judges’ authority to administratively close cases. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
TRAC Finds Growth in Immigration Court Backlog Varies Markedly by State
TRAC found that as of July 2018, pending cases in Immigration Court reached nearly three-quarters of a million. This is a 38% increase compared to January 2017. All states are witnessing an increase in Immigration Court backlogs. However, ten states account for the vast majority of the backlog.
BIA Remands for IJ to Consider Status of Pending Appeal and Determine Whether a Continuance May be Appropriate
The BIA remanded for the IJ to consider the status of the pending appeal and new evidence, and to determine whether a continuance may be appropriate. The appeal of the IJ’s determination regarding removability is dismissed. Matter of Acosta, 27 I&N Dec. 420 (BIA 2018)
U.S. Representatives Demand DHS Reunify All Separated Families
On 8/29/18, sixty-seven democratic U.S. representatives signed a letter to DHS Secretary Kirstjen Nielsen demanding the reunification of nearly 500 children that remain separated from their parents at the southern border because of the administration’s “zero tolerance” policy.
CA8 Finds Decision Supported by Substantial Evidence Despite Errors in IJ Written Decision
The court found no due process violation in hearing or in IJ’s erroneous use of boilerplate language from different case because BIA considered the errors, found them harmless, and made its own determinations with independent judgement and substantial evidence. (Ramirez v. Sessions, 8/29/18)