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
Practice Pointer: Expedite Requests for VAWA, U, and T Visa Applications
AILA’s VAWA, U, and T committee provide instructions and additional guidance for submitting an expedite request for VAWA, U, and T applications with USCIS.
Practice Alert: DACA Renewals Must Be Physically Received by USCIS Today
AILA reminds members that DACA renewal applications must be physically received (not postmarked) by USCIS no later than today, 10/5/17 in order to be deemed timely filed. Late DACA requests from residents of the U.S. Virgin Islands and Puerto Rico will be considered on a case-by-case basis.
USCIS Statistics on Asylum Filings for Minors for FY2017
USCIS provided FY2017 statistics (through 9/30/17) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 2
In this special two-part Think Immigration blog, 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. Read Part 1 of the blog post here
Justice Department Releases Statistics on the Impact of Immigration Judge Surge
EOIR released statistics on the assignment of immigration judges (IJs) to immigration detention facilities, projected that the mobilized IJs completed approximately 2,700 more cases than expected if the IJs had not been detailed, a positive net effect on the nationwide caseload.
AILA Quicktake #217: Jennings v Rodriguez Arguments
AILA South Florida Chapter Chair Sui Chung recaps the Jennings v Rodriguez oral arguments before the Supreme Court on 10/3/17 and shares how it will impact members and clients.
Senators Graham and Harris Urge the President to Extend DACA Deadline
Senators Lindsey Graham (R-SC) and Kamala Harris (D-CA) wrote a bipartisan letter to President Trump urging him to extend the DACA renewal application deadline to 1/4/18. The Senators cited concerns with applicants ability to seek legal counsel, pay the fee before the 10/5/17 deadline, and more.
BIA Holds Massachusetts Assault on Police Officer Is Not a CIMT
Unpublished BIA decision holds that assault and battery upon a police officer in violation of Mass. Gen. Laws Ann. ch. 265, §13D is not a CIMT because it applies to offensive but non-injurious batteries upon police officers. Special thanks to IRAC. (Matter of Dominguez, 10/3/17)
BIA Holds Florida Dealing in Stolen Property Is Not a CIMT
Unpublished BIA decision holds that dealing in stolen property under Fla. Stat. 812.019(1) was not a CIMT because offenders need only exhibit negligence with respect to whether the property in question was stolen. Special thanks to IRAC. (Matter of Machado Brindis, 10/3/17)
CHC Letter to DHS Secretary Elaine Duke on DACA Renewal Deadline
The Congressional Hispanic Caucus (CHC) urged DHS to extend the DACA renewal deadline to 1/5/18 due to nearly a third of those eligible to renew having not submitted their renewals as of 9/27/17. They also requested DHS to provide guidance to ICE and CBP to ensure DACA recipients are not targeted.
DHS Reminds Eligible DACA Recipients to File Renewal Requests
DHS reminds eligible DACA recipients that they have until 10/5/17 to properly file their renewal request. Of the 154,200 individuals whose DACA is set to expire between 9/5/17 and 3/5/18, just over 100,000 have renewal requests currently pending with USCIS or have already been adjudicated.
AILA Statement to Senate Judiciary Committee Hearing on End of DACA
AILA submitted a statement to the Senate Committee on the Judiciary for a hearing on “Oversight of the Administration’s Decision to End Deferred Action for Childhood Arrivals.” AILA urges members of Congress to call for an immediate vote on the Dream Act, extend the DACA renewal deadline, and more.
H.R. 3923: Dignity for Detained Immigrants Act of 2017
On 10/3/17, Representative Adam Smith (D-WA) introduced the Dignity for Detained Immigrants Act of 2017 (H.R. 3923), which would provide standards for facilities at which immigrants in the custody of the Department of Homeland Security are detained.
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
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.
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)
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.”
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 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)
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 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)
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.
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.
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.
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.