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 Says IJs Lack Authority to Terminate Removal Proceedings to Allow Noncitizens to Present Asylum Claims to DHS
The BIA held that an immigration judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to DHS in the first instance. Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
CBP Announces First-Time Immigration Violators Face Criminal Charges
CBP is presenting undocumented border crossers to the United States Attorney’s office for criminal prosecution of first-time illegal border crossers apprehended in Nogales, Arizona. In October 2017, more than 200 people arrested in the Nogales corridor were found amenable for prosecution.
DOJ’s Immigration Court Practice Manual (Updated on 11/2/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. Chapters 3.1(b) and 5.12, as well as Chapter 5.10(c), were updated.
AILA Policy Brief: Building America’s Trust Act
AILA provides a policy brief on a few of S. 1757, the Building America’s Trust Act, most troubling provisions. This bill was introduced by Senator John Cornyn (R-TX) and is a heavy-handed, enforcement-driven bill that is unnecessary, cruel, and expensive.
AILA Quicktake #222: ICE Liaison Committee Update
Chair of the AILA ICE Liaison Committee Heather Prendergast provides updates from the October 2017 meeting with ICE, including information on guidance memos and prosecutorial discretion.
AILA Quicktake #223: #AILAStandsWithDreamers Fall Campaign
AILA Director of Government Relations Greg Chen provides a congressional update on the Dream Act and shares how you can get involved in the #AILAStandsWithDreamers campaign November 13-17, 2017.
USCIS Provides Data on DACA Terminations Related to Criminal and Gang Activity
USCIS provided data on DACA terminations related to gang membership or affiliation, convictions or arrests unrelated to gang activity, and convictions or arrests of gang members or affiliates. Data is provided by fiscal year for FY2013-FY2017.
BIA Reopens Proceedings Sua Sponte to Seek 212(h) Waiver
Unpublished BIA decision reopens proceedings sua sponte for respondent ordered removed in 1998 in light of intervening case law holding aggravated felony bar in 212(h) does not apply to applicants who adjusted to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 11/1/17)
IJ Performance Quotas: A Threat to Due Process and Judicial Independence
On October 12, 2017, the Washington Post reported that the Trump administration seeks to impose numeric quotas on immigration judges as part of their performance evaluations. Speeding up deportation proceedings without regard to the impact on due process and judicial independence is an affront to th
BIA Terminates Proceedings Based on Harbin v. Sessions
Unpublished BIA decision reopening and terminating proceedings arising out of New York controlled substance conviction (NYPL 220.06(1)) based on Second Circuit decision of Harbin v. Sessions, which found that the statute was indivisible and overbroad. Courtesy of Michael Goldman.
CA5 Holds That Misprision of a Felony Is a CIMT
The court denied the petition for review, holding that misprision of a felony under 18 USC §4 is categorically a crime involving moral turpitude (CIMT). (Villegas-Sarabia v. Sessions, 10/31/17)
AILA Statement to House Judiciary Committee on EOIR Oversight
On 10/31/17, AILA joined NGOs and submitted a statement to the House Judiciary Committee, Immigration and Border Security Subcommittee for a hearing on 11/1/17 titled “Overview of the Executive Office for Immigration Review.”
Immigration Court Filings Take Nose Dive, While Court Backlog Increases
TRAC found that as of the end of September 2017, the pace of DHS-issued notices to appear initiating proceedings in Immigration Court are substantially down since President Trump assumed office. This is surprising since ICE states that its apprehensions were reportedly up during this same period.
DHS Needs a More Unified Approach to Immigration Enforcement and Administration
OIG conducted an audit to determine whether DHS fosters collaboration and department-wide efforts to enforce and administer immigration law and policy. It found that without a more unified approach, DHS will continue to allow vulnerabilities that may affect national security and public safety.
CA1 Remands for BIA to Consider Petitioner’s Potentially Significant Documentary Evidence of Domestic Violence
The court vacated BIA’s order rejecting petitioner’s withholding of removal claim, finding that, irrespective of the supportability of the adverse credibility finding, remand was required for BIA to consider potentially significant documentary evidence. (Aguilar-Escoto v. Sessions, 10/27/17)
Social Security Administration Notice of New Matching Program with DHS
Social Security Administration notice of a new matching program that SSA is conducting with DHS under which DHS will provide information to SSA on certain noncitizens who leave the U.S. voluntarily or who are removed from the United States. (82 FR 49920, 10/27/17)
Documents Relating to Washington State and Minnesota Challenge to Executive Order Targeting Muslims and Refugees
The district court issued an order staying its consideration of the states’ 10/11/17 motion for a temporary restraining order. (Washington v. Trump, 10/27/17)
Fearless Litigation: Iraqis with Final Removal Orders (October 2017)
Russell Abrutyn sits down with Margo Schlanger to discuss litigation on behalf of Iraqis with final removal orders who have been arrested and detained by ICE. Learn how you might be able to join this effort to defend them from deportation or how you can give voice to the voiceless in your community.
AILA Member Talking Points for Congressional Visits on Dream Act
AILA members are encouraged to use these talking points when meeting with members of Congress on the need to pass the bipartisan, bicameral Dream Act (S. 1615 / H.R. 3440).
APBCo Expresses Concerns Regarding Implementation of Quotas on IJs
The Association of Pro Bono Counsel (APBCo) submitted a letter on 10/26/17 to members of Congress expressing concern over DOJ’s plans to impose case completion quotas on immigration judges, noting the negative impact of rushed hearings on due process in immigration proceedings.
ICE Provides Information on the LaSalle ICE Processing Center
ICE provided background information on the LaSalle ICE Processing Center, which opened in 2007. LaSalle is located in Jena, Louisiana and is a dedicated ICE detention center with a maximum capacity of 1,320 beds. EOIR adjudicates immigration cases at the facility.
BIA Reopens Proceedings Sua Sponte in Light of Supreme Court Decision
Unpublished BIA decision reopens proceedings sua sponte where unlawful sexual intercourse with a minor under Calif. Penal Code 261.5(c) was no longer sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Lopez Mazariegos, 10/26/17)
Senators Seek Clarity from DHS on Sharing DACA Information with ICE
On 10/25/17, Senators Kamala Harris (D-CA), Bob Menendez (D-NJ), Dick Durbin (D-IL), and 39 other senators sent a letter to Acting DHS Secretary Elaine Duke, demanding clarity on the use of DACA recipients personal information for enforcement purposes. The senators requested a response by 11/8/17.
Deposition of Associate Director, Family Division at the Vermont Service Center
A deposition of Associate Director Timothy Smith of the VSC’s Family Division. The deposition includes information concerning the time required to adjudicate I-130 petitions, as well as Adam Walsh Act cases. Courtesy of Matthew Hoppock.
BIA Defines Term “Rape” and Discusses Ohio “Substantial Impairment” Standard
The BIA finds that the term “rape” in INA §101(a)(43(A) encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight, and also requires that the underlying act be committed without consent. Matter of Keeley, 27 I&N Dec. 146 (BIA 2017)