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
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.
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.
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Attorney General Jeff Sessions announced that he rescinded 24 guidance documents that were “unnecessary, outdated, inconsistent with existing law, or otherwise improper.” Rescinded documents include guidance related to BJA’s SCAAP program, refugee and asylee right to work, and LEP FAQs.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.
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)
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.
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)
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.
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.
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)
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).
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)
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)
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.
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)
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)