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
Temporary Protected Status for Sudanese Ending – Dust Off Those Case Files
Last month the administration announced the termination of Temporary Protected Status (TPS) for Sudan, effective November 2, 2018. The September 18 announcement stated that Acting Secretary of Homeland Security Elaine Duke had “determined that conditions in Sudan no longer support its designation,&#
774 Colleges and Universities Urge Congress to Protect Dreamers
On 10/19/17, the American Council on Education sent a letter on behalf of 774 colleges and universities to congressional leaders urging them to pass legislation to protect Dreamers.
BIA Finds Respondent Eligible for 237(a)(1)(H) Waiver
Unpublished BIA decision holds that respondent was eligible to seek a waiver under INA §237(a)(1)(H) for committing fraud when adjusting status despite also being inadmissible for committing fraud during admission as a nonimmigrant. Special thanks to IRAC. (Matter of J-B-, 10/19/17)
NAIJ Expresses Concerns Regarding Implementation of Quotas on IJs
The National Association of Immigration Judges (NAIJ) submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt immigration judges from performance reviews, noting ALJs are already exempt because quotas are “antithetical to judicial independence.”
ICE Arrests Five Individuals with Pending Charges in New York After Detainers Were Not Honored
ICE arrested five individuals with pending charges in the New York City area after detainers filed by ICE were not honored. ICE states that since January 2017, 70 percent of the ICE arrests have been comprised of convicted criminals.
CA7 Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application
The court dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). (Asentic v. Sessions, 10/17/17)
CA8 Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status
The court held that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. (Abuya v. Sessions, 10/17/17)
BIA Rescinds In Absentia Order Due to Mistaken Advice from Attorney’s Assistant
Unpublished BIA decision rescinds in absentia order where respondent failed to appear because her attorney’s legal assistant mistakenly told her that the IJ would order a change of venue. Special thanks to IRAC. (Matter of Xue, 10/17/17)
BIA Finds That Criminally Negligent Homicide Under New York Law Is Not a CIMT
The BIA held that negligent homicide in violation of Section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)
TRAC Report Demonstrates Who Is Represented in Immigration Court
TRAC examined how the odds of representation varies with the particular court and hearing location, the nationality and custody status of the immigrant, and the length of time the person has been in the U.S. Cases are followed so the ultimate outcome of each case.
BIA Says Noncitizen with Any Prior Admission as an LPR Is Ineligible for INA §212(h) Waiver
The BIA held that a noncitizen “has previously been admitted to the United States” as an LPR within the meaning of INA §212(h) if he or she was inspected, admitted, and physically entered the country as an LPR at any time in the past. Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
CA7 Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony
The court held that the LPR petitioner’s conviction for being in possession of a weapon in violation of 720 ILCS 5/24–1.1(a) did not qualify as an aggravated felony, because Illinois’s definition of a firearm is broader than its federal counterpart. (Rodriguez-Contreras v. Sessions, 10/12/17)
Attorney General Jeff Sessions Delivers Remarks to EOIR
Attorney General Jeff Sessions delivers remarks to EOIR on asylum reform, stating that EOIR should impose penalties for baseless or fraudulent asylum applications, expand expedited removal, increase the standard of proof in credible fear interviews, and more.
AILA: Trump Administration Erodes Integrity and Fairness in Immigration Courts
AILA strongly opposes the Trump administration’s plans to impose numeric quotas on immigration judges in order to speed up deportations which threatens the integrity of the immigration court system and the independence of the judicial branch.
AILA Policy Brief: Imposing Numeric Quotas on Judges Threatens the Independence and Integrity of Courts
AILA policy brief on DOJ and EOIR plans to use numeric case completion quotas to evaluate each immigration judge’s performance, and why this unprecedented effort to compel judges to finish cases under stricter deadlines infringes on due process protections.
AILA Quicktake #219: EOIR Case Completion Quotas
Chair of AILA's Executive Office for Immigration Review (EOIR) Liaison Committee Kelli Stump shares how the Trump administration's proposed case completion quotas for immigration judges would harm the immigration court system.
CA9 Finds BIA’s Dismissal of Petitioner’s Appeal Was Final Administrative Order for Purposes of Determining Timeliness of Petition for Review
The court held that BIA’s dismissal for lack of jurisdiction of an appeal of an IJ’s negative reasonable fear determination in reinstatement proceedings was the final administrative order, and thus that petitioner timely filed his petition. (Martinez v. Sessions, 7/20/17, amended 10/12/17)
BIA Holds California Shooting at Unoccupied Vehicle Not a Firearms Offense
Unpublished BIA decision holds that shooting at an unoccupied vehicle under Cal. Penal Code 247(b) was not a firearms offense because it lacked an exception for antique firearms. Special thanks to IRAC. (Matter of Ramirez Hernandez, 10/12/17)
EOIR Releases Data on Complaints Against Immigration Judges (FY2017)
EOIR released information on complaints against immigration judges, including number/percentage of IJs against whom complaints were received between FY2013 and FY2017, as well as the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed during FY2017.
BIA Denies DHS Interlocutory Appeal Challenging Continuance for Pro Se Respondent
Unpublished BIA decision declines to consider interlocutory DHS appeal challenging grant of second continuance to pro se respondent. Special thanks to IRAC. (Matter of Rivas-Ayala, 10/11/17)
CA7 Finds Noncitizen Subject to Reinstatement Order of Removal May Not Apply for Asylum
While the court found that the Honduran petitioner had standing to assert a statutory right to apply for asylum, the court concluded that INA §241(a)(5) plainly prohibits a noncitizen subject to a reinstated order of removal from applying for asylum. (Garcia v. Sessions, 10/11/17)
AILA Quicktake #218: White House Immigration Priorities
AILA Director of Government Relations Greg Chen responds to the announced immigration priorities and principles set by the Trump administration. He discusses why the policies are harmful and how you can take action.
AILA: White House Principles on Immigration Fail America
AILA condemned the Trump administration’s “Immigration Principles and Priorities” as destructive and unworkable. AILA reaffirms its commitment and support for real bipartisan immigration reform to increase our country’s shared prosperity and restore our legacy as a nation welcoming to immigrants.
White House Releases Immigration Principles and Policies
On 10/8/17, the White House released a detailed outline of President Trump’s immigration principles and policies, including information on border security, interior enforcement, and the creation of a merit-based immigration system.
White House Releases Executive Summary on Immigration Principles and Policies
On 10/8/17, the White House released an executive summary of President Trump’s immigration principles and policies, including top-level ideas on border security, interior enforcement, and the creation of a merit-based immigration system.