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 Holds Utah Lewdness Offense Not Sexual Abuse of a Minor
Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor because it does not require an intent to arouse or gratify the sexual desire of any person. Special thanks to IRAC. (Matter of Nieves, 5/3/18)
CA9 Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable
The court held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable. (Campos-Hernandez v. Sessions, 5/2/18)
CA7 Holds BIA Erred By Failing to Adequately Consider Petitioner’s Near-Escapes from MS-13 in Deferral of Removal Case
The court held that in dismissing the petitioner’s appeal from the IJ’s decision denying his application for deferral of removal under the Convention Against Torture, the BIA erred by failing to make an adequate inquiry into his near-escapes from the MS-13 gang. (Perez v. Sessions, 5/2/18)
CA4 Holds Individuals Subject to Reinstatement of Removal May Not Apply for Asylum, Even If Changed Circumstances Exist
The court denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal. (Lara-Aguilar v. Sessions, 5/2/18)
DOJ Announces Additional Prosecutors and Immigration Judges For Southwest Border Crisis
DOJ announced additional prosecutors to handle prosecutions of improper entry, illegal reentry, and smuggling cases, and additional IJs to handle the adjudication of immigration court cases. Thirty-five new Assistant United States Attorney positions have been allocated along the Southwest border.
NAIJ Letter to AG Sessions on Misunderstandings about IJ Quotas
NAIJ letter to AG Sessions after his 4/26/18 testimony before the House Appropriations Committee. Letter explains that NAIJ did not agree to the imposition of performance metrics and explains that under the current system, an immigration judge could be fired for failure to meet the quota.
BIA Rescinds In Absentia Order Based on Attorney’s Admission of Error
Unpublished BIA decision rescinds in absentia order based on ineffective assistance where attorney conceded that he mistakenly advised respondent not to appear and submitted bar complaint against himself. Special thanks to IRAC. (Matter of Cortez Avalos, 5/2/18)
AILA Submits Amicus Brief on Availability of Continuances Sufficient to Pursue Relief
AILA submitted an amicus brief summarizing the circumstances that exist for an Immigration Judge to grant a continuance for a collateral matter to be adjudicated.
Revving Up the Deportation Machinery: Enforcement under Trump and the Pushback
The Migration Policy Institute released a study finding that arrests and deportations are up but that the intersection of federal immigration enforcement with state and local criminal justice systems is being throttled by state and local policies that limit cooperation with ICE.
CLINIC Provides a Practitioner’s Guide to Obtaining Release From Immigration Detention
Catholic Legal Immigration Network (CLINIC) issued a guide to provide practitioners with a comprehensive resource for representing clients in immigration bond proceedings focusing on bond hearings for adults who are detained by DHS.
BIA Dismisses Charges of Removability Based on Minnesota Stalking Conviction
Unpublished BIA decision holds that that stalking under Minn. Stat. 609.749.4(a) is neither CIMT nor a stalking offense under the INA. Special thanks to IRAC. (Matter of Shaban, 5/1/18)
EOIR Released Current Median UAC Case Pending Time for FY2018
EOIR released the current median unaccompanied child (UAC) median non-detained case pending time. For FY2018, as of 3/31/18, the median time was 484 days. This includes UACs that were never detained and those released from detention.
EOIR Released Statistics on Motions to Reopen
EOIR released statistics on motions to reopen from FY2008 through FY2018. As of 3/31/18, there were 17,600 motions to reopen filed in immigration courts and 3,138 filed in the BIA.
EOIR Released Percentage of Detained Cases Completed Within Six Months for FY2018
EOIR released statistics on the percentage of detained cases completed within six months. As of 3/31/18, 89 percent of initial case completions were completed in less than six months.
TRAC Finds ICE Issues 14,000 Detainers Each Month But Number Honored Is Unclear
TRAC released a report with data from ICE through November 2017, that revealed that ICE issued 14,000 new detainers on average each month. The number jumped sharply after President Trump assumed office and stabilized since March 2017. The accuracy of ICE records on refusals is questionable.
EOIR Releases Circuit Court Case Law Summaries on Assessing Evidentiary Weight
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on assessing evidentiary weight, including general issues and issues with government reports and affidavits or personal statements. Special thanks to Matthew Hoppock.
EOIR Releases Circuit Court Case Law Summaries on Reliability of Government Documents
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program document with circuit court case law summaries on the reliability of government documents. Special thanks to Matthew Hoppock.
BIA Sustains DHS Appeal and Vacates IJ’s Grant of Asylum
The BIA found that DHS has the authority to file a motion to reconsider in Immigration Court and that an applicant in withholding of removal only proceedings subject to a reinstated order of removal pursuant to §241(a)(5) is ineligible for asylum. Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018)
Retired Immigration Judges and Former Members of the BIA Submit Amicus Brief in Support of Respondent in Matter of A-B-
In response to an invitation for amicus briefs, 16 retired immigration judges and former BIA members submitted an amicus brief in support of the respondent in Matter of A-B-. Brief asserts that this case is “rife with procedural violations and is consequently unripe for agency-head review.”
Senate Democrats Urge Appropriators to Reject the FY2019 DHS Funding Request
On 4/27/18, Senators Kamala Harris (D-CA), Bob Menendez (D-NJ), Dick Durbin (D-IL) and Mazie Hirono (D-HI) led an effort to urge Senate Appropriators to reduce funding for the Administration’s “reckless immigration enforcement operations” for FY2019. Twenty-one Senators signed the letter.
Senate Democrats Urge Appropriators to Protect Pregnant Women from ICE Detention
On 4/27/18, Senators Kamala Harris (D-CA) and Catherine Cortez-Masto (D-NV) led an effort to increase oversight of ICE’s detention practices and policies, including language that would require the release of pregnant women apprehended by or transferred to ICE. Sixteen senators signed the letter.
BIA Grants Interlocutory Appeals and Changes Venue for Detained Respondent
Unpublished BIA decision grants interlocutory appeal and changes venue from Imperial to San Francisco, stating that IJ incorrectly asserted that he lacked authority to change venue for a detained respondent. Special thanks to IRAC. (Matter of Mendoza, 4/27/18)
CRS Legal Sidebar: District Court Enjoins DACA Phase-Out - Explanation and Takeaways
The Congressional Research Service (CRS) provides a Legal Sidebar on district court decisions that enjoined DACA, including NAACP v. Trump that vacated the DACA rescission and remanded it to DHS but stayed the vacatur order for 90 days. The Legal Sidebar provides an explanation and takeaways.
DHS Privacy Impact Assessment Update for the Electronic Health Records (eHR) System
DHS published an update to its 2013 Privacy Impact Assessment (PIA) of the Electronic Health Records (eHR) system used to maintain health records on individuals in ICE detention. It describes a new online Patient Medical Record Portal, whereby former detainees can access a copy of their records.
CHC Urges DOJ to Reverse Decision to Impose Case Completion Quotas on IJs
The Congressional Hispanic Caucus (CHC) asks the DOJ to reverse its decision to impose production quotas and case completion deadlines on immigration judges.