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
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.
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.
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.
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)
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)
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 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.
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.
Vote No on Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Goodlatte’s “Securing America’s Future A
AILA recommends representatives vote “no” on Speaker Paul Ryan’s “Border Security and Immigration Reform Act of 2018” (H.R. 6136) and Representative Bob Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760).
CA4 Finds Obstruction of Justice Under Virginia Code Ann. §18.2-460(A) Is Not a CIMT
The court applied the categorical approach and held that obstruction of justice under Virginia Code Ann. §18.2-460(A) is not a crime involving moral turpitude (CIMT). (Ramirez v. Sessions, 4/17/18, amended on 6/7/18)
Practice Pointer: Escalating Legal Access Concerns to ICE
During the fall ICE Liaison meeting, ICE recommended that attorneys experiencing barriers in accessing detained clients should raise these concerns with local ICE ERO leadership. If local leadership is unable to resolve these issues, ICE advised AILA members to email ICE Headquarters.
Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York
A federal judge granted a preliminary injunction, ending a policy of the ORR Director Scott Lloyd personally reviewing and approving the release of any detained immigrant child who is or has ever been in a heightened supervision placement while in ORR custody. (L.V.M v. Lloyd, 6/27/18)
17 States File Complaint in District Court Against Family Separation
17 states filed a lawsuit contending that family separation policies and the practice of denying asylum seekers entry is unconstitutional and asks the federal court to order the administration to “stop implementing them immediately.” (State of Washington, et. al, v. USA, 6/26/18)
IJ Terminates Removal Proceedings, Finding NYPL §265.03(3) Overbroad
Immigration Judge granted motion to terminate finding respondent's New York conviction for possession of a weapon under NYPL §265.03 categorically overbroad in comparison to the federal definition of "firearm," and indivisible. Courtesy of Michael Goldman.
DHS OIG Finds ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements
DHS OIG found that neither the inspections nor the onsite monitoring of ICE’s 200 detention facilities ensure consistent compliance with detention standards, nor do they promote comprehensive deficiency corrections. OIG issued five recommendations and proposed steps and ICE concurred.
CA9 Finds That BIA’s Remand to IJ Was Broad in Scope
The court found that although BIA remanded for consideration of denial of CAT relief, the IJ did not err in reconsidering its prior adverse credibility determination and granting asylum relief, because BIA did not expressly retain jurisdiction. (Bermudez-Ariza v. Sessions, 6/25/18)
AILA Insight: The Detention Lottery
AILA member Margaret O’Donnell creates a production to educate community members on the immigrant experience through theatre performance. In this article, she shares information about the production and how to bring it to your community.
EOIR Publishes Public Notice on Electronic Filing Pilot Program
EOIR notice on the creation of a voluntary pilot program on the expansion of electronic filing of cases filed with the immigration courts and the BIA. Notice describes the procedures for participation in the pilot program, which will be in effect from 7/16/18 through 7/31/19. (83 FR 29575, 6/25/18)
Executive Order Affording Congress an Opportunity to Address Family Separation
President Trump issued an executive order on 6/20/18, ordering DHS to take measures to detain family units without separating children from parents and orders DOJ to file a request to modify the Flores settlement, among other things. (83 FR 29435, 6/25/18)
District Court Order Enjoins Federal Facility from Interfering with Detainees’ Right to Counsel
The court issued 28-day TRO requiring FDC Sheridan to make amends, including opportunity to consult with counsel, distribution of “Know Your Rights” pamphlets, notice and/or consent before transferring detainees out of state, and improved phone access. (Innovation Law Lab v. Nielsen, 6/25/18)