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
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 1
In this special two-part Think Immigration blog post, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. The trio attended the oral a
CA9 Affirms Preliminary Injunction Requiring IJs to Consider When Setting a Bond a Detainee’s Financial Ability to Pay
The court affirmed a district court’s order granting a preliminary injunction in favor of plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in California and are unable to afford the bond set by immigration officials. (Hernandez v. Sessions, 10/2/17)
New Edition of AILA Treatise on Immigration and Crimes Released
AILA released the seventh edition of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary E. Kramer; the book is a vital resource for any lawyer working with foreign national or naturalized citizen clients who have been charged with a crime.
NAIJ States that Performance Quotas on Immigration Judges are a Threat to Due Process
The National Association of Immigration Judges (NAIJ) opposes EOIR’s plan to evaluate immigration judges’ (IJs) using quotas, stating that quotas will have adverse effects for individuals in removal proceedings, IJs, and the backlog while also becoming “the death knell for judicial independence.”
DHS OIG Issues Report on Need for Improved Oversight of Segregation of Detainees with Mental Health Conditions
Based on visits to seven ICE facilities and review of a sample of ICE segregation data, DHS OIG released a report stating that ICE field offices needed to improve compliance with oversight requirements for segregation of detainees with mental health conditions.
BIA Holds That New York Statute Is Not a Controlled Substance Offense or Aggravated Felony
Unpublished BIA decision holds that criminal sale of a controlled substance in the fifth degree under N.Y.P.L 220.31 is not a controlled substance offense or aggravated felony under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Diaz Vargas, 9/29/17)
BIA Reopens and Terminates Multiple Sets of Removal Proceedings
Unpublished BIA decision reopens and terminates two sets of proceedings sua sponte upon finding that carrying a weapon in a motor vehicle under Conn. Gen. Stat. 29-38 was neither a firearms offense nor an aggravated felony. Special thanks to IRAC. (Matter of Thorpe, 9/29/17)
BIA Finds Grant of Relief by IJ Qualifies as Materially Changed Circumstances for Bond Motion
Unpublished BIA decision holds that the granting of the respondent’s relief application qualified as a material change in circumstances warranting reconsideration of his bond motion. Special thanks to IRAC. (Matter of W-S-, 9/28/17)
TRAC Report Finds Amid a Growing Court Backlog, Many Children Still Unrepresented
Even with a falling number of new unaccompanied children (UAC) cases, TRAC data shows a continued rise in the Immigration Court's backlog of UAC cases since President Trump assumed office. There is still a large unmet need for more attorneys despite widespread efforts to provide representation.
USCIS Reminder: Deadline To Submit DACA Renewal Requests Approaching
USCIS issued a reminder regarding the 10/5/17 deadline for DACA recipients to properly file renewal requests and associated applications for employment authorization. These requests must be properly filed and physically received by the agency at the proper filing location no later than 10/5/17.
AILA Member Talking Points on the SUCCEED Act
AILA members may find these Talking Points useful if asked by the media about the SUCCEED Act.
NIJC Files FOIA on “Surge Courts” at Detention Facilities on the Border
The National Immigrant Justice Center (NIJC) filed a FOIA request on the rapid establishment of the surge courts. EOIR provided nearly 200 pages that demonstrated that nearly half the 13 courts charged with implementing this directive could not keep their visiting judges busy.
Public Complaint on Treatment of Pregnant Women by ICE
AILA joined other organizations to file this complaint on behalf of numerous women who are or were pregnant and detained by Immigration and Customs Enforcement (ICE).
Civil and Human Rights Organizations File Joint Complaint Against DHS on Behalf of Pregnant Women Detained by ICE
AILA joined six other organizations filing a joint complaint today concerning ICE’s treatment of pregnant women in detention, highlighting inhumane conditions, inadequate medical care and failure to implement agency policy limiting the detention of pregnant women.
AILA Quicktake #216: SUCCEED Act
AILA Director of Government Relations Greg Chen shares details of the SUCCEED Act, an effort to provide a permanent solution for Dreamers, which was introduced by Senators Tillis, Lankford, and Hatch.
CA3 Finds BIA Misapplied Clear Error Standard When Reversing IJ’s Credibility Finding Regarding Petitioner’s Testimony
The court granted the petition for review, holding that the BIA misapplied the clear error standard of review when reversing the IJ’s positive credibility determination regarding the Uzbek petitioner’s testimony. (Alimbaev v. Att’y Gen., 9/25/17)
S. 1852: SUCCEED Act
On 9/25/17, Senators Thom Tillis (R-NC), James Lankford (R-OK) and Orrin Hatch (R-UT) introduced the SUCCEED Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, if they meet certain requirements.
Democratic Senators’ Request for Extension of DACA Renewal Deadline
On 9/25/17, 38 Democratic senators sent a letter to Acting Secretary of Homeland Security Elaine Duke requesting an extension of the 10/5/17 deadline for DACA renewals due to several major hurricanes that made landfall in the United States.
Attorney General Jeff Sessions’ Remarks to Law Enforcement in Boston
Attorney General Jeff Sessions delivered remarks to law enforcement in Boston and focused on MS-13, stating that gang members are exploiting the UAC program and coming “to this country as wolves in sheep clothing. In fact the gang uses this program as a means by which to recruit new members.”
CA9 Finds Petitioner’s Departure Alone Did Not Meet Constitutional Requirements of a Valid Waiver
The court held that petitioner’s departure from the U.S., without more, did not provide clear and convincing evidence of a considered and intelligent waiver of the right to appeal, and thus did not meet the constitutional requirements of a valid waiver. (Chavez-Garcia v. Sessions, 9/21/17)
BIA Finds Federal False Statement Statute Is Not a Firearms Offense
Unpublished BIA decision finds that providing false statement during acquisition of a firearm under 18 USC §924(a)(1)(A) is not a firearms offense because it has been applied to federally licensed dealers who falsify their own records. Special thanks to IRAC. (Matter of Belman-Cano, 9/21/17)
BIA Rescinds In Absentia Order Because NTA Was Sent to Non-Attorney
Unpublished BIA decision rescinds in absentia order because Notice to Appear was sent to an immigration consultant provided on a prior TPS application. Special thanks to IRAC. (Matter of Ascencio Martinez, 9/20/17)
BIA Remands to Determine if Beneficiary’s Birth Certificate is Sufficient
The BIA remanded for the entry of a new decision for USCIS to apply the framework set forth and determine whether the beneficiary’s birth certificate is sufficient to establish his parentage by a preponderance of the evidence. Matter of Rehman, 27 I&N Dec. 124 (BIA 2017)
Risk vs. Uncertainty: Advising and Advocating in the New Paradigm
While listening to a Freakonomics podcast recently focusing on John Urschel's abrupt decision to retire from the NFL., I was intrigued by the discussion of how we make decisions in the face of risk versus uncertainty. By way of explanation, the introduction to the piece asks how it is possible we ha
Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants
The American Immigration Council issued a special report explaining the stark findings of an empirical investigation into the behavioral patterns of U.S. immigration authorities during the apprehension, custody, and removal of Mexican migrants from the United States.