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 Fact Sheet: Observing Immigration Court Hearings
EOIR provided a fact sheet on observing immigration court hearings, including when hearings are closed.
GAO Releases Report on Foreign Nationals Arrested or Convicted of Crimes
The Government Accountability Office (GAO) released a report to congressional requesters on statistics related to foreign nationals arrested or convicted of crimes, with information on incarcerations, arrests, convictions, costs, and removals. Report is based on data from FY2010 through FY2016.
EOIR Provides Comparison Chart of In Absentia Rates
EOIR provides a comparison chart of in absentia rates from FY2014 through FY2018 (through 6/30/18).
AILA Submits Amicus Brief on Noncitizen Eligibility for Relief from Removal Based on Prior Ambiguous Conviction
AILA submitted an amicus brief, filed with the Ninth Circuit, discussing the modified categorical approach on the issue of whether a noncitizen is ineligible for relief from removal based on a prior conviction when the record of that conviction is ambiguous.
CA8 Remands, Finding BIA’s “Opaque Opinion” Needs Clarification
The court was unable to resolve whether the BIA conducted impermissible factfinding of its own and thus granted the petition for review and remanded for further proceedings. (Garcia-Mata v. Sessions, 6/29/18)
AILA Quicktake #244: An Update on Family Separation and Family Detention
Director of the Immigration Justice Campaign Karen Lucas discusses the injunction issued by a court in California and explains the Immigration Justice Campaign's involvement in the family separation crisis on the border.
C.D. Cal. Grant Injunctive and Declaratory Relief Pursuant to Flores Settlement
Plaintiffs seek class certification to have ORR policies/practices be declared unlawful and to enjoin due process violations in evaluating fitness of custodians, placement in secure facilities, administering psychotropic drugs, and lack of access to counsel. (Lucas R. v. Azar, 6/29/18)
BIA Upholds Grant of Cancellation to Applicant from Palestine
Unpublished BIA decision finds that respondent’s child would suffer exceptional and extremely unusual hardship in Palestine because she could not read or write Arabic and would be regularly subjected to Israeli security checkpoints. Special thanks to IRAC. (Matter of M-O-I-, 6/29/18)
BIA Holds that Texas Burglary of a Vehicle Is Not a CIMT
Unpublished BIA decision holds that burglary of a vehicle under Tex. Penal Code 30.04(a) with the intent to commit theft or any felony is not a CIMT. Special thanks to IRAC. (Matter of Perez, 6/29/18)
BIA Holds Pennsylvania Simple Assault Not a CIMT or Crime of Violence
Unpublished BIA decision holds that simple assault under 18 Pa. Cons. Stat. Ann. 2701(a)(1) is not divisible and thus not a crime of violence under 18 USC §16(a) nor a CIMT. Special thanks to IRAC. (Matter of Bayoh, 6/29/18)
BIA Dismisses Appeal and Sets Forth Standard for Evaluating Claims of Duress
The BIA found applicant had not established he was under duress when assisting in the persecution of prisoners persecuted under his guard in an Eritrean prison camp and sets forth a standard for evaluating claims under the duress exception. Matter of Negusie, 27 I&N Dec. 347 (BIA 2018)
USCIS Issues Policy Memo on NTAs for Cases Involving DACA Recipients
USCIS released a policy memo, with guidance effective immediately, that confirms and clarifies which Notice to Appear (NTA) and referral policies apply to past or pending DACA requestors when processing a DACA request or DACA-related benefit request.
USCIS Issues Policy Memo with Updated Guidance for the Referral of Cases and Issuance of NTAs
USCIS issued a policy memo outlining how its Notice to Appear (NTA) and referral policies implement DHS removal priorities.
CA5 Upholds BIA’s Rejection of Ineffective Assistance Claim
The court rules the motion to reopen application for cancellation of removal was properly denied as untimely, and, because petitioner’s failed to establish ineffective assistance of counsel, was not subject to equitable tolling. (Diaz v. Sessions, 6/28/18)
House Judiciary Democrats Request Answers to Family Separation Policy
On 6/28/18, Democrats in the House Judiciary Committee requested that the administration respond to questions about the inception and implantation of family separation policy, as well as the level of coordination between relevant agencies.
EOIR Provides Infographic About ECAS Electronic Filing Program
EOIR provided an infographic that explains the EOIR Courts & Appeals System (ECAS) initiative, which aims to phase out paper filing and processing, and retain all records and case-related documents in electronic format. The infographic describes the applications and tools that comprise ECAS.
BIA Rescinds In Absentia Order in Case that Was Previously Terminated
Unpublished BIA decision rescinds in absentia order because respondent was not obligated to appraise immigration court of any change of address after proceedings were terminated to allow him to adjust status before USCIS. Special thanks to IRAC. (Matter of Rop, 6/28/18)
A Victory for Due Process
AILA Policy Counsel Jason Boyd highlights the potential impact of the Supreme Court's decision in Sessions v. Pereira as it relates to information required on a Notice to Appear.
CA8 Rules that Missouri Controlled Substance Statute Is Divisible
The court denied the petition to review the BIA conclusion that the LPR was removable for a prior conviction under Missouri statute, which it found was categorical match to elements of §237(a)(2)(B)(i). (Bueno-Muela v. Sessions, 6/27/18)
CA4 Holds That Imposition of Court Costs Does Not Qualify as “Conviction”
The court granted the petition for review, find that an assessment of $100 in costs, assessed attendant to prayer for judgment continued, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA. (Guzman Gonzalez v. Sessions, 6/27/18)
Sign-On Letter Asking Attorney General Sessions to Revoke Matter of A-B-
On June 27, 2018, AILA joined approximately 465 other organizations in a letter to Attorney General Jeff Sessions expressing concern for the lives of immigrant survivors of domestic violence following his wrongful decision in Matter of A-B- and asking him to immediately revoke the decision.
Law360 Obtains New Asylum Guidance Issued by IJs in Newark, New Jersey
Law360 obtained guidance that has been issued by Newark, New Jersey, immigration judges to those seeking asylum or other relief from deportation.
BIA Solicits Amicus Briefs on Validity of a Conviction for Immigration Purposes
The BIA solicits amicus briefs on, among other things, the question of whether the Board is required to give full faith and credit to a judgment issued under Cal. Penal Code §1203.43 in light of the conviction definition found at INA §101(a)(48)(A). Comments are due by 7/27/18.
Sign-On Letter to Appropriators to Reject Reprogramming Requests Made By DHS
On 6/27/18, AILA and 11 coalition partners urged the House and Senate Appropriations Committees to reject the transfer and/or reprogramming of funds DHS is requesting to construct new detention camps to detain children and families.
TRAC Report Provides New Details on Border Arrests
TRAC analyzes data on Border Patrol apprehensions, current through April 2018, finding apprehensions of adults with children are lower than last year, most adults arrested are quickly deported, more than half of children arrested with parents in April 2018 were seven years old or younger, and more.