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
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.
CLINIC Provides Practice Pointer on the Implications of Matter of Castro-Tum
Catholic Legal Immigration Network, Inc. (CLINIC) provided a practice advisory with an analysis of the AG’s decision in Matter of Castro-Tum. The practice pointer discusses the implications of this decision and provides best practices for practitioners.
DHS Notice of Proposed Rulemaking Regarding Immigration Bonds
DHS proposed two changes that would apply to surety companies certified by the Department of the Treasury to underwrite immigration bonds and their administrative appeals process. Proposed amendments would change 8 CFR Part 103. Comments are due by 8/6/18. (83 FR 25951, 6/5/18)
Complaint Filed with DHS Oversight Bodies Calls for Improvements to Medical and Mental Health Care of Immigrants in Aurora Detention Center
AILA and American Immigration Council released a press release on their complaint, filed 6/4/18, regarding inadequate access to medical and mental health care for immigrants detained at the Denver Contract Detention Facility, which is owned and operated by the private prison company Geo Group, Inc.
TRAC Finds Criminal Prosecutions for Illegal Border Crossers Jumped Sharply in April 2018
TRAC found that federal criminal prosecutions of individuals stopped by CBP along the southwest border jumped 30% in April 2018 over March figures and up 60% since January 2018. This increase follows AG Sessions' April 6, 2018, announcement of a zero-tolerance policy for illegal entry and re-entry.
Public Complaint Regarding Denver Contract Detention Facility’s Failure to Provide Medical and Mental Care
AILA and the American Immigration Council file a complaint with the DHS OIG, CRCL, ICE, and ICE's Health Services Corps urging an investigation into the government’s longstanding and systemic failure to provide adequate medical and mental health care to immigrants detained at the Aurora Facility.
EOIR Releases Training on Evidentiary Challenges
Obtained via FOIA by Hoppock Law Firm, EOIR released a training from the 2018 Legal Training Program on evidentiary challenges; assessing admissibility, weight, and reliability of evidence; and challenges to reliability of government interviews and reports. Special thanks to Matthew Hoppock.
EOIR Releases Training Materials on Developments in Criminal Immigration and Bond Law
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program presentation on developments in criminal immigration and bond law and avoiding the use or mitigating the effect of the categorical approach. Special thanks to Matthew Hoppock.
EOIR Releases IJ Training Materials on Resolving Claims to U.S. Citizenship
Obtained via FOIA by Hoppock Law Firm, EOIR released a presentation from the 2018 Legal Training Program about resolving claims to U.S. citizenship. Special thanks to Matthew Hoppock.
ICE Releases Statement on New York’s Detainer Policy
ICE released a statement after conducting a three-month review of detainers lodged with the New York City Police Department and the New York Department of Corrections. ICE purported to find that it prepared 440 detainers and nearly 40 individuals who were released from custody, reoffended.
AILA Policy Brief: New Barriers at the Border Impede Due Process and Access to Asylum
AILA issued a policy brief explaining recent policy changes that have eroded the due process rights of asylum seekers and other migrants at ports of entry and in border regions.
CA9 Declines to Review BIA’s Denial of Asylum and Withholding
The court denied a petition for review, finding substantial evidence supported BIA’s finding that applicant’s testimony was not persuasive, and that he failed to provide any meaningful corroborative evidence, despite receiving sufficient notice of the need to do so. (Liu v. Sessions, 6/1/18)
Vindicating the Rights of at the Border and Beyond: A Guide to Representing Asylum Seekers in Expedited Removal and Reinstatement of Removal Proceedin
The Asylum Seeker Advocacy Project at the Urban Justice Center provided a guide to assist those working with individuals who crossed the U.S.-Mexico border seeking asylum. This guide is limited to the civil immigration proceedings including expedited removal and reinstatement of removal.
CA7 Affirms Reinstatement of Prior Removal Order After Illegal Reentry
The court denied petition for review, rejecting the argument that, because reentry by previously removed LPR was “procedurally regular,” he was entitled to a full hearing before an IJ rather than be subject to reinstatement of prior removal order. (Mendoza v. Sessions, 5/31/18)
USCIS Provides Data on Active DACA Recipients as of May 31, 2018
USCIS provided data on active DACA recipients as of May 31, 2018, by country of birth, by state or territory of residence, by core based statistical area, by gender, by age, and by marital status.
USCIS Provides Approximate Number of Active DACA Recipients as of May 31, 2018
USCIS provided data on the approximate number of active DACA recipients, broken by month and year of their current DACA expiration date, as of May 31, 2018.
USCIS Provides Data on Pending DACA Applications as of May 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of May 31, 2018.
CA1 Finds No Jurisdiction to Review Denial of Claim for Deferral of Removal
The court denied the petition for review, finding that the petitioner did not show that the record compels the conclusion that he is entitled to deferral of removal and that evidence of official acquiescence in torture was too speculative. (Morris v. Sessions, 5/30/18)
EOIR Released Memo on Staff Availability for Detail Travel
Aura Bogado, reporter for Reveal, obtained an EOIR memo that states that all personnel must sign up for three, two-week detail periods, between 7/7/18 and 1/5/19. This is being done, “in an effort to ensure that all immigration courts are appropriately staffed at all times."
CA9 Granted Petition for Rehearing in Case on “Crime of Domestic Violence” Under INA §237(a)(2)(E)
The court granted the petitioner’s petition for panel rehearing and the opinion filed on 9/14/17, which held that Arizona Revised Statutes §13-1203(A)(1) is a crime of violence under 18 USC §16(a), was withdrawn. (Cornejo-Villagrana v. Sessions, 5/30/18)
EOIR Releases Training Materials on the One-Year Bar and One Central Reason Standard in Asylum Law
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program presentation on the one-year bar and one central reason standard in asylum law. Special thanks to Matthew Hoppock.
CA2 Holds IJ Gave Undue Weight to Asylum Seekers’ Omission of Facts
The court granted petitions for review, after finding that IJs and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications. (Gao v. Sessions, 5/25/18)
USCIS Provides Data on Characteristics of DACA Requestors
In response to a 1/16/18 letter from Rep. Steve King (R-IA), USCIS provided data on characteristics of DACA requestors, including their age, education level, country of birth, and criminal history, among other characteristics.