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
CA9 Vacates BIA’s Decision in Matter of G-G-S-
The court vacated Matter of G-G-S-, holding that its finding that an applicant’s mental health is not a factor to be considered in a “particularly serious crime” analysis was not entitled to Chevron deference. (Gomez-Sanchez v. Sessions, 4/6/18, amended 6/12/18)
CA6 Declines Jurisdiction to Review Changed Country Condition Challenge for Chaldean Iraqi Christian
The court denied the petition for review, finding that the motion to reopen CAT claim was barred. Even if BIA erred in concluding that the exception does not apply to CAT, its alternative holding of a lack of a prima facia case was dispositive. (Shabo v. Sessions, 6/11/18)
Attorney General Delivers Remarks to EOIR Legal Training Program
AG Jeff Sessions delivered remarks on 6/11/18 to the EOIR Legal Training Program, discussing the administration’s “zero tolerance” policy and immigration judge case quotas, alleging abuse of the asylum system, and announcing plans to issue a decision today to “restore sound principles of asylum.”
Attorney General Narrows Criteria for Asylum Seekers
In a case he referred to himself, Attorney General Jeff Sessions narrowed the criteria for demonstrating membership in a particular social group and overruled Matter of A-R-C-G-. Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)
Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of A-B-
On June 11, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement in response to the Attorney General’s decision in Matter of A-B-. The statement characterizes the decision as “an affront to the rule of law.”
Attorney General Pushes Immigration Judges to Deny Asylum to Victims of Violence
AILA responds to the Attorney General's precedent decision in which he vacated the BIA decision in Matter of A- B and announced that in his view, domestic violence victims and other victims of crimes perpetrated by private, non-government actors do not generally qualify for asylum.
CA9 Considers Both Charging Document and Statute in Aggravated Felony Analysis
Declining to review BIA’s denial of cancellation application, court ruled that guilty plea to charge of violating Washington child assault statute “with sexual motivation” brings conviction within definition of federal offense of sexual abuse of minor. (Quintero-Cisneros v. Sessions, 6/11/18)
CA8 Rejects Gang Murder Witness’ Purported Social Group
The court upheld the BIA’s finding that “former taxi drivers from Quezaltepeque who have witnessed a gang murder” was not socially distinct and thus could not qualify as “particular social group.” (Miranda v. Sessions, 6/11/18)
EOIR Releases Procedures for Adjudicating Non-LPR Cancellation of Removal
Obtained via FOIA by Hoppock Law Firm, EOIR released a document from the 2018 Legal Training Program containing procedures for immigration judges to adjudicate non-LPR cancellation of removal in light of the cap on non-LPR cancellation. Special thanks to Matthew Hoppock.
EOIR Releases Training Materials on Evidentiary Challenges for Appellate Adjudication in the Digital Age
Obtained via FOIA by Hoppock Law Firm, EOIR released a handout on evidentiary challenges for appellate adjudication in the digital age from the 2018 Legal Training Program for immigration judges. Special thanks to Matthew Hoppock.
Taking the Battle for Humane Treatment of Detainees from Dilley to Colorado
As she shares details about the complaint filed demanding the government address the inhumane conditions and inadequate medical assistance at the Aurora facility, Immigration Justice Campaign National Advocacy Counsel Katie Shepherd urges readers to take action and help vulnerable detainees.
CA8 Affirms BIA’s Dismissal of Untimely Appeal of Voluntary Departure Order
The court ruled that rationale of Supreme Court’s Dada decision, which concerned post-conclusion voluntary departure, should apply to this case, which involved a pre-conclusion voluntary departure order. (Camick v. Sessions, 6/8/18)
CA2 Rejects Equal Protection Challenge to §212(h) Waiver
The court held that differentiating between deportable LPRs who seek a waiver from within the U.S. and those LPRs who traveled abroad and are seeking readmission at the border (and are thus deemed inadmissible) did not violate equal protection. (Seepersad v. Sessions, 6/8/18)
EOIR Memo on Definitions and Use of Adjournment, Call-Up, and Case Identification Codes
On 6/8/18, EOIR issued Operating Policies and Procedure Memorandum (OPPM) 18-02, Definitions and Use of Adjournment, Call-up, and Case Identification Codes, which sets forth updated codes used to track the case hearing process, is effective immediately, and rescinds OPPM 17-02.
EOIR Swears in Three Immigration Judges
EOIR announced the investiture of three new immigration judges on 6/8/18. Attorney General Jeff Sessions appointed Maria N. Bjornerud, Sean D. Clancy, and Jacqueline J. Jackson to their new positions. Notice includes biographies on the new judges.
DOJ Announces Release of FY2018, Quarter 1 Data on Incarcerated Foreign Nationals
DOJ announced the release of DOJ/DHS FY2018, Quarter 1 Alien Incarceration Report. The report found that more than one-in-five of all persons in Bureau of Prisons custody were known or suspected foreign nationals, and 93% of confirmed foreign nationals in DOJ custody were in the U.S. unlawfully.
CA11 Vacates BIA Ruling That IJ Was Without Authority to Grant a Waiver of Inadmissibility
The court granted petition to review and found the BIA erred in concluding that IJs cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicant, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3). (Meridor v. U.S. Att’y Gen., 6/7/18)
S. 3036: Keep Families Together Act
On 6/07/18, Senator Dianne Feinstein (D-CA) introduced the Keep Families Together Act (S. 3036) to limit the separation of families at or near ports of entry. This is the Senate companion bill to H.R. 6135.
EOIR Legal Training Program on IJ Performance Measures
Obtained via FOIA by CLINIC, EOIR released records of its 6/7/18 Legal Training Program on immigration judge performance measures.
BIA Finds Forced Labor to Be Material Support to a Terrorist Organization
BIA remanded the record after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes provided aid to them. Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018)
DOJ and DHS Release Data on Incarcerated Foreign Nationals (FY2018, Quarter 1)
Per EO 13768, DOJ and DHS released the FY2018 first quarter “Alien Incarceration Report.” This report includes data on known or suspected foreign nationals in the custody of BOP or USMS, and limited data regarding immigration status of convicted individuals incarcerated throughout the United States.
U.S. Chamber of Commerce Urges Congress to Protect Dreamers
On 6/6/18, the U.S. Chamber of Commerce urged the House of Representatives to pass bipartisan legislation to permanently protect Dreamers. The organization also encouraged Congress to reject proposals that would reduce legal migration and ensure those with work authorization can continue to work.
Sign-On Letter to Congressional Leadership on Worksite Raids
On 6/6/18, AILA joined several other human rights and immigrant rights organizations from across the U.S. in calling on congressional leadership to address the return of mass worksite raids and the increase of rogue worksite enforcement actions taken by ICE and DHS.
Members of Congress Condemn Worksite Immigration Raids in Letter to Secretary Nielsen and Commissioner Kautter
On 6/5/18, several members of Congress sent a letter to DHS Secretary Kirstjen Nielsen and IRS Acting Commissioner David Kautter condemning the recent worksite immigration enforcement operation conducted in Bean Station, Tennessee.
USCIS Provides Data on DACA Requestors with IDENT Response for Arrests or Apprehensions
USCIS provided data from 2012 to 2018 on DACA requestors who received an Automated Biometric Identification System (IDENT) response due to arrests or apprehensions for criminal or immigration-related offenses, broken down by type and number of offenses and whether application was approved or denied.