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
BIA Summarily Dismisses DHS Appeal for Failure to File Brief
Unpublished BIA decision summarily dismisses DHS appeal because notice to appeal didn't meaningfully apprise BIA of grounds for appeal and DHS didn't submit a separate brief in support of appeal despite indicating it would. Special thanks to IRAC. (Matter of Moreira-Quintanilla, 5/17/18)
S. 2849: DONE Act
On 5/15/18, Senator Kamala Harris (D-CA) introduced the Detention Oversight, Not Expansion Act, or the DONE Act, to prohibit the expansion of immigration detention facilities and improve the oversight of such facilities.
CA5 Holds That Texas Statute on Online Solicitation of a Minor is Overbroad in Light of Esquivel-Quintana
The court found that the Supreme Court’s decision in Esquivel-Quintana v. Sessions established an age requirement that rendered the Texas statute under which the petitioner was convicted of online solicitation of a minor overbroad. (Shroff v. Sessions, 5/15/18)
CA8 Finds Petitioner’s North Dakota Conviction for Unlawful Entry into a Vehicle to Be an Aggravated Felony
The court held that the petitioner’s North Dakota conviction for unlawful entry into a vehicle was an aggravated felony under INA §101(a)(43)(U) because the unlawful entry was a substantial step toward committing a theft. (Ahmed v. Sessions, 5/15/18)
H.R. 5820: DONE Act
On 5/15/18, Representative Pramila Jayapal (D-WA) introduced the Detention Oversight, Not Expansion Act, or the DONE Act, to prohibit the expansion of immigration detention facilities, to improve the oversight of such facilities. This is the House companion bill of the Senate DONE Act (S. 2849).
Sign-On Letter to Special Rapporteur González Morales on Violations of International Law at Immigration Detention Facilities
On 5/15/18, AILA joined 70 other human rights and immigrant’s rights organizations across the U.S. to address violations of international law at the Stewart Detention Center and the Irwin County Detention Center in Georgia and to call for coordinated site visits and international condemnation.
BIA Reopens Proceedings Sua Sponte for Longtime TPS Holder to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent who was granted TPS in 1999 and became the beneficiary of an approved visa petition in 2017. Special thanks to IRAC. (Matter of Romero, 5/15/18)
BIA Reopens Proceedings for U Visa Applicant to Seek Waiver of Inadmissibility
Unpublished BIA decision reopens proceedings for U visa applicant to seek waiver of inadmissibility in light of intervening decision in Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. 2017). Special thanks to IRAC. (Matter of Moreno-Zaldivar, 5/15/18)
AILA Minutes from Joint Liaison Meeting with ICE HSI and DOJ IER (5/14/18)
Unofficial minutes from the 5/14/18 meeting between the AILA Verification and Documentation Liaison Committee, ICE HSI, and DOJ IER. Topics include fine calculations, electronic I-9s and I-9 inspections, document requests from employers, E-Verify, TPS, technical assistance letters, and more.
ICE News Release on Increase in Worksite Enforcement Cases Compared to FY2017
ICE issued a news release stating that it has already doubled the number of ongoing worksite enforcement cases for FY2018, which began on 10/1/17, compared to the last fully completed fiscal year.
BIA Reopens Proceedings Sua Sponte in Light of Tenth Circuit Decision Involving Retroactivity of Matter of Briones
Unpublished BIA decision reopens proceedings sua sponte in light of Tenth Circuit decision holding that Matter of Briones, 24 I&N Dec. 355 (BIA 2007), doesn't retroactively apply to applicants who relied on contrary circuit law. Special thanks to IRAC. (Matter of Perea, 5/14/2018)
Resources on Case Relating to Definition of “Crime of Violence”
The Supreme Court granted certiorari in several cases, vacated the judgments in those cases, and remanded them to the circuit courts for further consideration in light of the Court’s 4/17/18 decision in Sessions v. Dimaya.
EOIR Releases Court Statistics and Announces Plan to Release Immigration Court Data on Recurring Basis
EOIR released immigration court statistics through the first two quarters of FY2018 with highlights from the data. EOIR also announced that the release of certain immigration court statistics will occur on a recurring basis as an effort to increase transparency of the immigration court system.
11 Ways Employers Can Support DACA Employees, Interns, and Contractors
FWD.us provides a handout with 11 concrete ways employers can support their DACA recipient employees, interns, and contractors in a time of uncertainty.
CA2 Holds New York First-Degree Bail Jumping to Be an Aggravated Felony
The court held that the petitioner’s conviction for bail jumping in the first degree under New York Penal Law §215.57 was an aggravated felony under INA §101(a)(43)(T). (Perez Henriquez v. Sessions, 5/8/18)
LGBTI DACA Recipients and Options for Relief under Asylum Law
As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. This advisory from CLINIC discusses LGBTI claims for asylum, withholding or removal and protection under the CAT.
CA9 Holds INA §241(a)(5) Does Not Deprive Immigration Court of Jurisdiction to Resolve a Motion to Reopen Based on Lack of Notice
The court held that the BIA erred by holding that INA §241(a)(5) deprived the immigration court of jurisdiction to resolve the petitioner’s motion to reopen removal proceedings based on lack of notice of the removal order entered against her. (Miller v. Sessions, 5/8/18)
CA9 Holds Petitioner’s Complaints of Poor Memory Insufficient to Show Mental Incompetency
The court held that the petitioner’s complaints of poor memory, without evidence of an inability to understand the nature and object of the proceedings, were insufficient to show mental incompetency. (Salgado v. Sessions, 5/8/18)
CA5 Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group
The court held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group. (Cabrera v. Sessions, 5/7/18)
Attorney General Sessions States 100% of Illegal Southwest Border Crossings Will Be Prosecuted
Attorney General Jeff Sessions delivered remarks in San Diego, stating that DHS is referring 100 percent of illegal southwest border crossings to the DOJ for prosecution.
Texas District Court Issues Notable Order in Case of Detained Somali National
The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18)
BIA Vacates Finding that LPR Status Was Abandoned
Unpublished BIA decision vacates finding that pro se respondent abandoned his LPR status because he did not understand the significance of his admissions when he conceded the charge. Special thanks to IRAC. (Matter of Wol Wol, 5/7/18)
Former Chairman of the BIA Paul W. Schmidt’s Speech to ABA Commission on Immigration
In a blog post from May 4, 2018, former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered during the ABA Commission on Immigration’s panel discussion, Evaluating the Immigration Court System: Balancing Efficiency and Due Process.
Avoiding Disciplinary Action for Requesting Multiple Continuances in Immigration Court
Learn more about how you can avoid disciplinary complaints related to requesting multiple continuances in this ethics article. The author discusses the importance of putting your client first and showing your work, surveying your caseload, and keeping ethical rules in mind.
CA7 Finds Petitioner Did Not Submit Sufficient Evidence of Changed Country Conditions in Indonesia
The court denied the petition for review, finding that the petitioner did not submit sufficient evidence to show changed country conditions in Indonesia in order to qualify for an exception to the 90-day limit for filing a motion to reopen removal proceedings. (Yahya v. Sessions, 5/3/18)