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
H.R. 6527: FAIR Proceedings Act
On 7/25/18, Representatives McEachin (D-VA) and Lofgren (D-CA) introduced the Funding Attorneys for Indigent Removal (FAIR) Proceedings Act, which would guarantee legal counsel during removal proceedings for vulnerable immigrants, including children and individuals with disabilities.
CA2 Finds Petitioners Made Prima Facie Showing of Egregious Constitutional Violation
The court remanded to BIA for suppression hearing, holding that petitioners raised fair questions about the existence and scope of a search warrant; whether race was a factor in search; and if there was coercion during interrogation. (Zuniga-Perez and Hernandez-Ocampo v. Sessions, 7/25/18)
CA1 Affirms BIA/IJ Denial of Asylum for Lack of Past Persecution, Likelihood of Future Persecution
The court agreed that three incidents of harassment perpetrated by single persons, without even slight injury, do not rise to the level of past persecution or meet the grounds for objective fear of future persecution. (Martinez-Perez v. Sessions, 7/24/18)
Audio from Telebriefing on Family Separation and Family Reunifications
On a press call, AILA, the American Immigration Council, the Immigration Justice Campaign, and the Dilley Pro Bono Project provided updates on what’s happening to separated parents detained in and around El Paso, Texas, and the latest from the family detention center in Dilley, Texas.
CA9 Holds BIA Interpretation of “Crime of Child Abuse, Neglect, or Abandonment” Entitled to Chevron Deference
The court found California felony child abuse statute was categorical match to federal statute, as interpreted by BIA; thus, court agreed with CA2 (split with CA10) that BIA was entitled to Chevron deference in its reasonable interpretation. (Martinez-Cedillo v. Sessions, 7/23/18)
Former Immigration Judge Jeffrey Chase on Attorneys and Credible Fear Review
In a July 22, 2018, blog post, former IJ Jeffrey Chase discusses the application of credible fear interviews conducted by USCIS asylum officers.
CA2 Holds Ounce of Marijuana Is Small Amount Under CSA, Confirms BIA Erred in Applying Realistic Probability Test
The court held BIA erred in overturning IJ’s determination that controlled substance offense was a misdemeanor based on categorical approach; thus, petitioner was not barred from cancellation for an aggravated felony. Remanded for review of cancellation grant. (Hylton v. Sessions, 7/20/18)
CA3 Holds Lack of Jurisdiction Over Appeal of a Nationality Determination Case
The court concluded that appeals from a §1252(b)(5)(B) case that it transferred to the district court of petitioner’s residence, as mandated by the statute, must be made in the circuit court that embraces the transferee district court, in this case CA2. (Ricketts v. Att’y Gen., 7/20/18)
Bicameral Letter to ICE on Telephone Access Policies in Detention
On 7/20/18, over 150 members of the U.S. Senate and House of Representatives sent a letter to ICE expressing concern that detained parents who had been separated from their children have limited telephone access and were being forced to pay exorbitant out-of-pocket fees to contact their children.
BIA Reverses Denial of Motion to Change Venue from Atlanta
Unpublished BIA decision grants interlocutory appeals and reverses denial of motion to change venue from Atlanta to Arlington given that respondent and her attorney lived in Virginia. Special thanks to IRAC. (Matter of Irene, 7/19/18)
EOIR Provides Information on ECAS Electronic Filing Program
EOIR provided information on the EOIR Courts & Appeals System (ECAS) electronic filing initiative, including a timeline of the pilot program, descriptions of ECAS and its components, and ECAS-related resources for attorneys and accredited representatives who practice in immigration courts.
EOIR Launches Electronic Filing Pilot Program
EOIR launched an electronic filing pilot program at the San Diego Immigration Court, in the first phase of the EOIR Courts & Appeals System (ECAS) initiative. The program is available on a voluntary basis and over the next few months, will expand to additional immigration courts and the BIA.
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.
CA9 Says Petitioner’s Removal Proceedings Must Be Terminated Where Petitioner Was Arrested Based Solely on His Latino Ethnicity
The court held that because Coast Guard officers committed a Fourth Amendment violation by seizing the petitioner based on his Latino ethnicity alone, the IJ erred in failing to suppress the Form I-213. Note this decision was withdrawn on 7/18/18. (Sanchez v. Sessions, 8/30/17)
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)
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)
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.
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)
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.
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.
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.
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)
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)