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
EOIR Final Rule on Denials of Suspension of Deportation and Cancellation of Removal
EOIR final rule adopting without change the rule proposed at 81 FR 86291 on 11/30/16. The final rule allows IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. (82 FR 57336, 12/5/17)
Law Student Perspective: Understanding DACA and Its Impact on the U.S. Economy
AILA member Indera DeMine provides information on DACA and conducts an interview with a DACA recipient.
Republican Members of Congress Call on Speaker Ryan to Protect Dreamers
On 12/5/17, Representatives Scott Taylor (R-VA) and Dan Newhouse (R-WA) were joined by 30 Republican members of Congress in calling on Speaker Paul Ryan (R-WI) to pass a permanent legislative solution for Deferred Action for Childhood Arrivals (DACA) recipients before the end of the year.
Protecting the Administration of Justice in New York State: Impact of ICE Arrests on New Yorkers’ Access to State Courthouses
The Fund for Modern Courts provides a report with analysis describing developments across the country related to ICE arrests in state courthouses and the impact of this new immigration policy in New York and details proposals to address these issues.
BIA Holds Nevada Statute Is Not a Forgery-Related Aggravated Felony
Unpublished BIA decision holds that Nev. Rev. Stat. 205.110 is not a forgery-related aggravated felony because it prohibits the mere destruction of a documents and is thus broader than the common law crime of forgery. Special thanks to IRAC. (Matter of M-F-A-, 12/4/17)
BIA Holds Federal Immigration Document Fraud Is Not a CIMT
Unpublished BIA decision holds that immigration document fraud under 18 U.S.C. 1546(a) is not a CIMT. Special thanks to IRAC. (Matter of D-M-A-, 12/4/17)
ICE Released HSI By the Numbers 2017 Fact Sheet
ICE provided a summary of FY2017 Homeland Security Investigations work.
ICE Released FY2017 Enforcement and Removal Operations Report
ICE provided a summary of FY2017 removal activities. ICE no longer exempts categories of removable individuals from enforcement and increases were seen in ERO administrative arrests; book-ins of individuals to ICE detention facilities due to ICE arrests; and removals due to interior enforcement.
BIA Holds Florida Simple Vehicle Flight Is Not a CIMT
Unpublished BIA decision holds that simple vehicle flight under Fla. Stat. Ann. 316.1935(2) is not a CIMT because it did not require the accused to endanger others or drive recklessly. Special thanks to IRAC. (Matter of Acosta Quirch, 12/1/17)
BIA Holds Criminal Possession of Controlled Substance in Seventh Degree Is Not a Controlled Substance Offense
Unpublished BIA decision holds that criminal possession of a controlled substance in the seventh degree under N.Y.P.L. 220.03 is not a controlled substances offense under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Ortega, 12/1/17)
Practice Advisory: U Visa Inadmissibility Waivers in Removal Proceedings
The National Immigrant Justice Center provides guidance to practitioners inside the Seventh Circuit on requesting adjudication of inadmissibility waivers as well as guidance for arguing that victims in removal proceedings should be allowed to access U visa protections before the immigration court.
EOIR Fact Sheet: An Agency Guide
EOIR provides a fact sheet with an agency overview as well as a list of common forms of protection and relief from removal.
When Law Professors Attack: Four False Assumptions in the WSJ Op-Ed
Apparently, it is now fashionable to blame immigration lawyers for the ills of the U.S. immigration system. It started in October when Attorney General Jeff Sessions, railed against the “dirty immigration lawyers,“ baselessly charging that they are exploiting loopholes (also known as “the law&
DHS OIG Report on USCIS Award of Family Case Management Program Contract
DHS OIG released a report on USCIS’s Award of the Family Case Management Program (FCMP) Contract to GEO Care, LLC, a subsidiary of the GEO Group, Inc, which determined ICE properly awarded FCMP contracts in compliance with federal requirements. (OIG-18-22, 11/30/17)
NIJC Report: "What Kind Of Miracle ..." Violation Of Immigrants’ Right To Counsel at Cibola
The National Immigrant Justice Center (NIJC) released a report entitled “What Kind of Miracle” documenting the wretched history and due process failings at the 1,100-bed Cibola County Correctional Facility in New Mexico.
EOIR Extension of Comment Request Period on Revisions to Form EOIR-29
EOIR notice extending the comment period on revisions to Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer, for 30 days. The comment period was previously announced at 82 FR 45304 on 9/28/17. Comments are now due 1/2/18. (82 FR 56845, 11/30/17)
ICE Memo on ERO Support of the EOIR’s Legal Orientation Program
The Washington Post obtained an ICE memo with guidance on best practices in support of EOIR’s Legal Orientation Program (LOP), stating that LOP attendees “… complete their cases faster than detainees who have not received LOP” and includes a list of the 37 ICE facilities where LOP operates.
BIA Holds New Jersey “Disorderly Persons Offenses” Are Not Convictions Under the INA
Unpublished BIA decision holds that New Jersey shoplifting convictions prosecuted as “disorderly persons offenses” did not qualify as convictions for immigration purposes. Special thanks to IRAC. (Matter of Flores, 11/29/17)
CA4 Denies Petition for Review of Removal Order Where Petitioner Entered Under Visa Waiver Program
The court denied the petition for review, holding that where evidence establishes a visitor was properly admitted under the Visa Waiver Program, the court may presume that the government obtained the entrant’s waiver to challenge any subsequent removal order. (Nardea v. Sessions, 11/29/17)
AILA Insight: Looking Forward: DACA Legislation Heading Into 2018
AILA member Sarah Pitney compares potential Dreamer legislation.
AILA Quicktake #225: Dream Act Updates
As Congress looks to fund the government past December 8, 2017, AILA Director of Government Relations Greg Chen explains how the Dream Act fits in.
CA9 Affirms Denial of Asylum, Withholding of Removal, and CAT Protection
The court denied the petition for review, finding that substantial evidence supported the IJ’s denial of the petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. (Manes v. Sessions, 11/27/17)
BIA Vacates IJ’s Order of Administrative Closure
Unpublished BIA decision vacates the IJ’s order of administrative closure of the removal proceedings of the respondent, an unaccompanied child. The IJ had questioned the reliability of the respondent’s address as provided by ORR. Special thanks to IRAC. (Matter of Castro-Tum, 11/27/17)
BIA Holds That Driving with Suspended License for DUI Is Not a CIMT
Unpublished BIA decision holds that driving with a license that was suspended or revoked for driving under the influence under Calif. Vehic. Code 14601.2(a) is not a CIMT. Special thanks to IRAC. (Matter of N-M-H-V-, 11/22/17)
CA7 Finds That Petitioner’s Violation of a Restraining Order Makes Her Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the state court’s determination that the petitioner violated the avoidance-of-residence provision of a restraining order made her ineligible for cancellation of removal under INA §237(a)(2)(E)(ii). (Rodriguez v. Sessions, 11/22/17)