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
BIA Holds New York Third Degree Burglary Not an Aggravated Felony
Unpublished BIA decision holds that third degree burglary under N.Y.P.L. 140.20 is not an aggravated felony burglary offense because it prohibits breaking into places other than buildings and structures. Special thanks to IRAC. (Matter of M-K-A-, 7/18/18)
FOIA Reveals EOIR’s Immigration Court Organizational Structure Staffing Implementation Plan
AILA obtained via FOIA EOIR’s Immigration Court Organizational Structure Staffing Implementation Plan, dated July 18, 2018.
AILA Policy Brief: New USCIS Notice to Appear Guidance
AILA issued a policy brief explaining the June 28, 2018, USCIS NTA guidance and the harsh impact it will have on workers, students, families, and other affected populations. In addition, the brief details the operational and procedural issues that make this new NTA policy unacceptable.
AILA Insight: Is Parole for Arriving Immigrants Over?
AILA member Matthew Boles discusses parole for immigrants.
W.D. Wash. Grants Summary Judgment for Noncitizen’s APA Claim, Reinstates LPR Status Until Removal Proceedings Are Complete
The court held that revocation of green card/LPR status as void ab initio outside of INA’s five-year rescission period without a hearing was a due process violation and an agency action “not in accordance with law”; ordered status reinstated until hearing complete. (Lai v. U.S., 7/17/18)
CA9 Holds CIMT Not Void for Vagueness
The court remains bound by precedent that CIMT not void for vagueness, despite interpretations of residual clauses of “crime of violence” as vague; holds Boutilier does not foreclose analysis on void-for-vagueness claims in immigration context. (Martinez-de Ryan v. Sessions, 7/17/18)
Applying De Novo Review, CA1 Rejects BIA Ruling that IJ’s Findings Were Clearly Erroneous
The court remanded, finding that the BIA erred by treating as one element the Mexican government’s unwillingness or inability to protect asylum applicant from persecution. The BIA also erred, the court ruled, by discounting country condition reports. (Rosales Justo v. Sessions, 7/16/18)
Pereira v. Sessions: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information
The National Immigration Project and the Immigrant Defense Project provides an updated practice advisory on how to use Pereira v. Sessions to overcome the stop-time rule and more broadly, to challenge immigration court jurisdiction where a NTA lacks time-and-place information.
EOIR Provides User Manual for Expanded Electronic Filing Pilot
EOIR provided a user manual on its expanded electronic filing pilot that explains the procedures for participation. Participation in the pilot program is on a voluntary basis, and pilot participants must adhere to the procedures in this manual, effective July 16, 2018.
Flow Chart Illustrating the UAC Reunification Process
DHS and HHS provided a flow chart demonstrating the UAC reunification process, released as part of the Ms. L. v. ICE litigation.
District Court Rules Government Must Address Children’s PTSD Brought on by Family Separation
A district court judge ruled that the constitutional rights of two immigrant children, separated at the border from their parents, were violated. The government was ordered to produce the parents and a plan for addressing the children’s PTSD. (J.S.R. v. Sessions, 7/13/18)
CBP Warns Migrants of Telephonic Scams
CBP warned migrants about telephone scams in which an individual poses as an authority figure from DHS agencies like ICE and Border Patrol, or as a consular officer or shelter administrator, and requests money be wired to resolve some aspect of a family member’s immigration case.
Former Immigration Judge Jeffrey Chase on Matter of A-B- Being Misapplied by EOIR and DHS
In a July 13, 2018, blog post, former IJ Jeffrey Chase discusses the misapplication of Matter of A-B- by the BIA, USCIS, and ICE, a month after AG Jeff Sessions issued the decision.
CREEC’s Guide on Rights of Immigration Detainees with Disabilities
Civil Rights Education And Enforcement Center (CREEC) issued a comprehensive guide to be used as a resource for identifying appropriate accommodations and modifications for detention centers currently holding detainees with disabilities.
CA7 Holds Denial of an Affirmative Asylum Request Is Not Final for Purposes of Judicial Review Under the APA
The court held that although its review was not jurisdictionally barred, it could not review an affirmative asylum denial on the merits because the denial was not administratively final since petitioner had TPS and was not yet in removal proceedings. (Dhakal v. Sessions, 7/13/18)
DOJ Final Rule Delegating Authority Concerning International Prisoner Transfer Program
DOJ final rule effective 7/13/18 delegating authority concerning the International Prisoner Transfer Program. Responsibility for international prison transfers is moving from the Office of Enforcement Operations to the Office of International Affairs. (83 FR 32579, 7/13/18)
Senator Feinstein Statement: Trump Administration Unilateral Rewrite of Asylum Law
On 7/12/18, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) released a statement in respond to the administration issuing a 7/11/18 policy memorandum that impacts U.S. asylum law.
DHS Instruction to Asylum Officers Violates U.S. and International Law
Late on July 11, 2018, USCIS and ICE issued guidance redefining core principles of America’s asylum laws which will have far-reaching implications for asylum seekers, refugees, and others.
AILA Quicktake #246: USCIS and ICE Memos on Asylum
Greg Chen, AILA's Director of Government Relations, discusses the implications of the two memos issued by USCIS and ICE regarding asylum and refugee claims.
BIA Reopens Sua Sponte Due to Publicity Surrounding Asylum Claim
Unpublished BIA decision reopens proceedings sua sponte in light of prominent nature of asylum claim in both the United States and Ghana. Special thanks to IRAC. (Matter of Ibrahim, 7/12/18)
BIA Holds Sexually Motivated Coercion in Nevada Not a Crime of Violence
Unpublished BIA decision holds that sexually motivated coercion under Nev. Rev. Stat. 207.190 is not a crime of violence under 18 USC §16(a) because physical force under Nevada law can include nonviolent de minimis force. Special thanks to IRAC. (Matter of Rodriguez-Figueroa, 7/12/18)
BIA Holds California Arson of Property Not a CIMT
Unpublished BIA decision holds that arson of property under Cal. Penal Code section 451(d) is not a CIMT because it is a general intent crime that does not require an intent to cause injury or damage. Special thanks to IRAC. (Matter of J-A-M-B-, 7/12/18)
New York City Bar Issues Recommendations Regarding ICE Enforcement in New York State Courthouses
The New York City Bar issued a report with recommendations on the increasing number of ICE civil arrests being conducted in and around New York State courthouses, stating that if continued, “this practice poses a threat to the New York State court system’s ability to ensure access to justice....”
EOIR Provides Media Talking Points and Media Inquiry Procedures and Sample Responses
On 7/11/18, in response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided records related to media talking points, new employee orientations, and handling media requests to observe immigration court hearings.
USCIS Provides Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-
USCIS provided a policy memorandum with guidance to USCIS officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.