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
EOIR Releases Internal Guidance on Pereira v. Sessions
Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock.
AILA Provides Summary of Matter of A-B- Memo
AILA provides a summary of an ICE memo on Matter of A-B-.
DHS Issues Statement on Reunification of Families Under Court Order
DHS issued a statement regarding the four-step process used for reunifying families under the court order. Notice includes information on the children not eligible for reunification, those likely eligible for reunification, and what happens for children five years of age and older.
DHS Announces Visa Sanctions for Burma and Laos
DHS announced, in coordination with DOS, the implementation of visa sanctions on Burma and Laos due to lack of cooperation in accepting their citizens who have been ordered removed the United States. Notice includes list of specific sanctions and effective dates.
Practice Alert: AG Sessions Issues Matter of A-B-, Overruling Matter of A-R-C-G-
AILA’s Asylum and Refugee Committee provides a Practice Alert featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B-.
DOJ Announces Trump Administration Completes Reunification of Eligible Children Under 5
DOJ announced that as of 7/12/18, initial reunifications have been completed. Announcement includes more details regarding HHS, DHS, and DOJ progress on reunification, stating that 57 children have been unified and 46 children have been determined to be ineligible for reunification.
BIA Rescinds In Absentia Order Because Hearing Notice Was Sent to Bond Attorney
Unpublished BIA decision rescinds in absentia order because hearing notice was sent to attorney who only entered an appearance for bond proceedings. Special thanks to IRAC. (Matter of Avila-Hurron, 7/10/18)
BIA Holds Connecticut Fourth-Degree Larceny Not an Aggravated Felony
Unpublished BIA decision holds that fourth-degree larceny under Conn. Get. Stat. 53-124 is not an aggravated felony theft offense and statute is not divisible. Special thanks to IRAC. (Matter of Bastian-Mojica, 7/10/18)
Law Student Perspective: The Elimination of Immigration Programs by Presidential Edict
Law Student member Stefanie Schreck provides updates on several immigration programs.
AILA Quicktake #245: USCIS Guidance on Issuance of NTAs
Betsy Lawrence, AILA's Director of Government Relations, discusses the implications of the updated USCIS guidance on issuance of Notices to Appear (NTA).
New USCIS Policy Will Needlessly Push Thousands More Cases into the Deportation Machinery
In this statement, AILA highlights how the new guidance published by USCIS regarding Notices to Appear (NTAs) will needlessly push thousands more cases into the deportation machinery, further clogging the already backlogged immigration court system.
CA10 Grants Review, Remands to BIA to Consider Evidence of Changed Country Conditions
In a non-precedent decision, the court held that the BIA abused its discretion by disregarding evidence of increasing persecution against religious minorities in Bangladesh and dismissing increased violence against religious minorities in general civil unrest. (A.B. v. Sessions, 7/6/18)
Center for Gender & Refugee Studies Issues Practice Advisory on Matter of A-B-
The Center for Gender & Refugee Studies issued a practice advisory that analyzes the Attorney General’s decision in Matter of A-B- and raises considerations for practitioners representing clients with asylum cases potentially impacted by the decision.
AILA Will Not Tolerate ICE Assaults on Our Members Who Fight for Justice Every Day
AILA President Anastasia Tonello shares information about the harm ICE officers caused an AILA member from the MO-KS Chapter and advises members to be vigilant in this toxic environment.
Attorney General Jeff Sessions Rescinds 24 Guidance Documents
Attorney General Jeff Sessions announced that he rescinded 24 guidance documents that were “unnecessary, outdated, inconsistent with existing law, or otherwise improper.” Rescinded documents include guidance related to BJA’s SCAAP program, refugee and asylee right to work, and LEP FAQs.
ICE Separated Parent’s Removal Form Pursuant to Ms. L. v. ICE Lawsuit
This ICE form may be used by detained alien parents with administratively final orders of removal who are class members in the Ms. L. v. I.C.E., No. 18-0428, (S.D. Cal. Filed Feb. 26, 2018) lawsuit.
USCIS Updates NTA Policy Guidance to Support DHS Enforcement Priorities
USCIS issued updated guidance that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of DHS.
CA7 Rejects Challenges to BIA’s Denial of Motion to Reconsider Dismissal of Appeal
The court found that the BIA did not abuse its discretion in denying motion when petitioner challenged only one of the two adequate reasons Board gave for summarily dismissing case. Nor did BIA abuse its discretion in assigning case to single Board member. (Cortina-Chavez v. Sessions, 7/5/18)
CA7 Rules That BIA Applied Wrong Standard for Ineffective Assistance Claim
The court granted petition for review, finding BIA erred in evaluating prejudice by probability (alleged missteps “would likely have altered the outcome” of removal), rather than possibility (reasonable chance of prevailing had he had competent representation). (Sanchez v. Sessions, 7/5/18)
CA3 Rules that M-E-V-G-‘s “Particular Social Group” Test Is Entitled to Chevron Deference
The court denied the petition for review, which accepted IJ/BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable group. (S.E.R.L. v. U.S. Att’y Gen., 7/3/18)
AILA Submits Amicus Brief on Motions to Reopen Based on Changed Country Conditions
AILA and other advocates submitted an amicus brief supporting the petitioner’s request to vacate the BIA’s decision and remand, in Pinchupa v. Sessions, explaining the requirements of a motion to reopen to seek asylum or related relief based on changed circumstances in the country of return.
MO-KS Chapter Calls for Immediate Suspension of ERO Officers Involved in Assault of Immigration Attorneys
The Missouri-Kansas Chapter authored a letter, and nearly 400 state-wide organizations and individuals signed on, calling for the immediate suspension of the ERO officers involved in the physical assault of two immigration attorneys.
BIA Finds Federal Statute Not a Prostitution-Related Aggravated Felony
Unpublished BIA decision holds that 18 USC §1952(a)(3) is not an aggravated felony because respondent’s activity did not clearly relate to the ownership, control, management, or supervision of a prostitution business. Special thanks to IRAC. (Matter of Patel, 7/3/18)
Federal Judge Orders Immediate Release or Grant of Hearing for More Than 1,000 Asylum Seekers
A U.S. District Court granted the plaintiffs’ motions for a preliminary injunction and provisional class certification, ordering the U.S. government to immediately release or grant hearings to more than 1,000 asylum seekers held at five ICE field offices. (Damus, et. al., v. Nielsen, 7/2/18)
TRAC: Three-fold Difference in Immigration Bond Amounts by Court Location
Transactional Records Access Clearinghouse found that data, current through May 2018, revealed a three-fold difference across immigration courts in the median bond amount set. The highest median bond amounts were required by the Tacoma, WA Immigration Court and the Hartford, CT Immigration Court.