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
Joint Analysis of Biden Border Proclamation
AILA, as well as several other organizations, provide joint analysis of the Biden Border Proclamation, including key takeaways, background information, and summaries of the changes.
Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum
AILA ED Ben Johnson responded to the Biden Administration’s new proclamation and rule aimed at preventing migrants entering the U.S. between ports of entry from accessing asylum, noting that “the powers of the Executive Branch alone are insufficient to address the challenges at the border.”
ICE Issues Implementation Guidance for Noncitizens Described in the June 3, 2024, Presidential Proclamation
ICE issued implementation guidance for noncitizens described in the June 3, 2024, Presidential Proclamation, Securing the Border, and the Interim Final Rule, Securing the Border, which went into effect on 12:01 am (ET) on June 5, 2024.
Policy Brief: Presidential Authority to Block or Expel Migrants
President Biden is considering restricting the number of migrants who can enter the United States and barring asylum seekers for extended periods. AILA would oppose this policy if it prevents asylum seekers from receiving fair and accurate consideration of their requests for asylum.
CA7 Affirms District Court’s Dismissal of Plaintiff’s Complaint Alleging That USCIS Improperly Denied Her I-360 Petition
The court found that the district court correctly dismissed the plaintiff’s complaint, which alleged that USCIS improperly denied her I-360 petition under the Administrative Procedure Act (APA) and agency regulations, as well as violated her Fifth Amendment rights. (Smith v. Garland, 6/3/24)
"No Human Being Should Be Held There": The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails
Immigration Equality, the National Immigrant Justice Center, and Human Rights First surveyed 41 LGBTQ and HIV-positive immigrants who were detained by CBP and ICE and found inhumane conditions and urge the executive branch and Congress to take steps to end the unnecessary suffering.
Gender Affirming Language in Immigration Court
ACACIA, RMIAN, and Benach Collopy provide a primer on how gender-expansive identities can be affirmed in courtroom settings and a reference point for ensuring that people of different gender identities are respected in court.
CA2 Holds That Petitioner’s New Jersey Conviction for Distributing a Controlled Substance on or Near School Property Was Not an Aggravated Felony
Applying the categorical approach, the court concluded that the petitioner’s conviction in New Jersey for distributing a controlled substance on or near school property in violation of N.J. Stat. §2C:35-7 was not an aggravated felony under INA §101(a)(43)(B). (Stankiewicz v. Garland, 5/31/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses depending on the form being filed. These tips will help ensure that USCIS accepts an application, petition, or request package for processing.
DOJ Expands Efforts to Dismantle Human Smuggling Operations and Support Immigration Prosecutions
The DOJ announced additional efforts to dismantle and prosecute human smuggling operations and increased federal immigration-related prosecutions. To accomplish these goals, the DOJ will also increase coordination with other agencies.
AILA Executive Director Welcomes Anti-Trafficking Effort, Urges Focus on Real Threats
AILA ED Ben Johnson states DOJ’s anti-trafficking and smuggling plans are exactly where DHS and DOJ “should focus efforts to reduce crime and improve border management” but flags concerns with “the agencies’ plan to increase prosecutions of people for improper entry or re-entry after removal.”
NILA Practice Alert: Construing the Reopening Limitation in the Reinstatement Statute
NILA created a practice alert addressing Suate-Orellana v. Garland and provides two template motions based on Suate-Orellana – a motion to reconsider and a motion to reopen. These motions are Ninth-Circuit specific but can be modified for filing in cases outside the circuit.
CA8 Upholds Denial of Asylum to Bosnian Muslims Based on Lack of Nexus to Protected Ground
The court upheld BIA finding that petitioners failed to show a nexus between their protected ground and the persecution they suffered, where the BIA found they had been targeted by Serbian criminals not for being Bosniak, but for police informant activities. (Durakovic v. Garland, 5/20/24)
CA11 Holds That Florida Conviction for Lewd and Lascivious Battery Was Not an Aggravated Felony
The court held that the petitioner’s conviction in Florida for lewd and lascivious battery under the 2008 version of Fla. Stat. §800.04(4) did not constitute the sexual abuse of a minor, and was thus not an aggravated felony under the INA. (Leger v. Att’y Gen., 5/20/24)
EOIR Final Rule on Efficient Case and Docket Management in Immigration Proceedings
EOIR issued a final rule on efficient case and docket management in immigration proceedings that finalizes the 2023 proposed rule with limited changes. Rule is effective 7/29/24. (89 FR 46742, 5/29/24)
A Guide to Obtaining Release from Immigration Detention
The National Immigration Project (NIPNLG) provides a guide with a comprehensive resource for representing adult clients detained by DHS in immigration court bond proceedings, including the nuts and bolts of preparing for and representing a client during an immigration court bond hearing, and more.
BIA Holds That Controlling Circuit Law Is Not Affected by Change in Administrative Control Court
The BIA held that since choice of law is dependent on venue in immigration court proceedings, the controlling circuit law is not affected by a change in the administrative control court and will only change upon a grant of a motion to change venue. Matter of M–N–I–, 28 I&N Dec. 803 (BIA 2024)
Resources Related to the 2024 Senate Border Negotiations
On May 23, the Senate voted down (43-50) the Border Act, a bill introduced by Senator Murphy (D-CT). The Border Act includes similar immigration provisions as the February bipartisan bill he jointly wrote with Senators Lankford (R-OK) and Sinema (I-AZ).
CA1 Finds BIA Improperly Disregarded Evidence of Changed Country Conditions in Indonesia in Petitioners’ Motion to Reopen
The court held that, in reviewing the motion to reopen of the petitioners based on changed country conditions related to acts of violence directed at Christian Indonesians, the BIA discarded evidence—without considering its merits—on legally unjustifiable bases. (Tulung v. Garland, 5/21/24)
Policy Brief: Solutions for the Border and America's Immigration System
AILA presents solutions to Congress and the President to address the border and modernize America’s immigration system. With the dramatic shifts in worldwide migration sustained action is needed at the U.S. southern border to ensure the fair, fast, and orderly processing of arriving migrants.
CA1 Upholds Denial of Motion to Reopen of Christian Chinese-Indonesian Petitioners Based on Changed Country Conditions in Indonesia
The court denied the petition for review of the BIA’s second denial of reopening, finding that the BIA reasonably found that petitioners had failed to satisfy the requirements for an exception to late filing in INA §240(c)(7)(C)(ii) and 8 CFR §1003.2(c)(3)(ii). (Djokro v. Garland, 5/17/24)
DHS and DOJ to Announce “Recent Arrivals” Docket Process for More Efficient Immigration Hearings
DOJ finalizes rule on a new Recent Arrives Docket process aiming to render final decisions within 180 days for certain noncitizen single adults who attempt to cross between ports of entry at the Southwest border. The docket will operate in Atlanta, Boston, Chicago, LA, and New York City.
Featured Issue: Ensuring Legal Representation for People Facing Removal
Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.
District Court Vacates ICE’s Unlawful “Knock-and-Talk” Policies and Practices
A federal district court in California issued an order vacating ICE’s unlawful “knock-and-talk” policies and practices, finding that they violate the Fourth Amendment and the Administrative Procedure Act (APA). (Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., 5/15/24)
Senators Send Letter Urging Appropriators to Include Funding for Case Management Alternative to Detention
Senators, led by Senator Merkley, sent a letter to the subcommittee on Homeland Security Senate Committee on Appropriations requesting the committee's FY2025 proposal include $100 million for the Case Management Pilot Program (CMPP). AILA supported this request.