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 Terminates Proceedings Against Respondent Convicted of Burglary
In an unpublished decision, the BIA sustained the respondent’s appeal and finds that the respondent’s conviction for burglary in the third degree under N.Y. Penal Law §140.20 is not an aggravated felony within the meaning of the INA. Courtesy of Fausto Falzone.
CA10 Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions
The court held that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C), and found that the BIA abused its discretion by denying the petitioner’s motion to reopen. (Qiu v. Sessions, 9/11/17)
California and Three Other States File Lawsuit Challenging DACA Rescission
California, together with Maine, Maryland, and Minnesota, filed a lawsuit asking the district court to enjoin the government from rescinding DACA and from using information obtained in DACA applications and renewal requests for immigration enforcement purposes. (California v. DHS, 9/11/17)
Resources on the Lawsuit Challenging DAPA and DACA Expansion
The district court issued an order stating that the states’ 9/5/17 notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) was ineffective to dismiss the case. The parties were granted leave to file a different form of dismissal motion. (Texas v. United States, 9/8/17)
Former Education Secretaries Condemn DACA Repeal
On 9/8/17, five former Secretaries of Education under the Obama, Bush, and Clinton administrations wrote a bipartisan letter to congressional leadership condemning the repeal of DACA. They implored Congress to quickly act to protect DACA recipients by passing the Dream Act as soon as possible.
CA1 Upholds Denial of Motion to Reopen Sua Sponte Where Petitioner Raised Mistranslation-Based Due Process Claim
The court held that the petitioner failed to explain his delay in offering his mistranslation-based due process argument, had not shown that exceptional circumstances warranted reopening his case, and could not state a colorable due process claim. (Ramirez Matias v. Sessions, 9/8/17)
The U.S. Commission on Civil Rights Condemns Ending of DACA
On 9/8/17, the U.S. Commission on Civil Rights (USCCR) released a statement following President Trump’s decision to end DACA. The agency called it “a step backward for our country…. [and] a tremendous blow to the personal dreams and ambitions that DREAMers have been working towards.”
CRS Legal Sidebar: The End of the Deferred Action for Childhood Arrivals Program
The Congressional Research Service provides a Legal Sidebar on the immediate takeaways from the 9/5/17 announcement that the DACA program would be phased out over a six-month period.
H.R. 3697: Criminal Alien Gang Member Removal Act
On 9/7/17, Representative Barbara Comstock (R-VA) introduced the Criminal Alien Gang Member Removal Act (H.R. 3697), which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
H.R. 3695: Protect DREAMer Confidentiality Act of 2017
On 9/7/17, Representatives Beto O’Rourke (D-TX) and Mike Coffman (R-CO) introduced the Protect DREAMer Confidentiality Act of 2017 (H.R. 3695), which would ensure the information DACA applicants provide the U.S. government is not used against them for immigration enforcement.
BIA Finds Aiding and Abetting in a Robbery Under California Law Is an Aggravated Felony
The BIA held that robbery under §211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under the INA, regardless of whether a violator merely aided or abetted. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
ICE Statement Regarding Questions on Enforcement Planning
ICE released a statement that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas…. There is currently no coordinated nationwide operation planned at this time.”
Back to School – The Immigrant Experience
Near the end of July 2017, ICE conducted raids across my hometown, Memphis, TN. By the agency's count, 83 individuals were arrested in a series of raids that occurred in Memphis, Nashville and New Orleans between July 23 and July 26. Not reported in that number is the fact that ICE later admitted th
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)
CA3 Says 18 USC §16(b) Which Defines “Crimes of Violence” Is Unconstitutionally Vague
The court held that 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague, and thus that the petitioner’s conspiracy plea for robbery of a motor vehicle under Pennsylvania law did not qualify as a “crime of violence.” (Mateo v. Att’y Gen., 9/6/17)
The Dream Act, DACA, and Other Policies Designed to Protect Dreamers
The American Immigration Council provides a fact sheet with an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on 9/5/17, and provides information about policies at the state level that support Dreamers.
Practice Advisory on Bond Hearings for Youth in Immigration-Related Custody
The Center for Human Rights and Constitutional Law Foundation released a practice advisory regarding bond hearings for children in immigration-related custody. The practice advisory suggests ways in which the government’s compliance procedures fall short of legal requirements, and more.
CBP Provides Guidance on the Rescission of DACA
CBP Acting Chief Carla Provost issued a memo with updated guidance for CBP agents due to the rescission of DACA, including guidance for what an agent should do if an DACA applicant is encountered.
Representative Carlos Curbelo Urges Floor Vote on RAC Act
Following the rescission of DACA, Representative Carlos Curbelo (R-FL) called on the President to focus on deporting criminals, not separating families. He went on to urge his colleagues to support the RAC Act (H.R. 1468), which he introduced earlier this year, and bring it to a floor vote.
Representative Marshall Calls on Congress to Defend Dreamers
On 9/5/17, Representative Roger Marshall (R-KS) released a statement following President Trump’s decision to rescind DACA. He called on Congress to use legal, legislative avenues to assist Dreamers, secure the border, and develop a workable visa program for America’s farmers.
Representative Reichert Urges Protection of DACA Program
On 9/5/17, Representative Dave Reichert (R-WA) condemned the repeal of DACA, stating, “Punishing these individuals for a crime they didn’t commit is not in the American DNA…. Congress must work towards a long-term immigration solution that… allows all individuals to pursue the American Dream.”
Representative Adam Kinzinger Calls on Congress to Defend Dreamers
On 9/5/17, Representative Adam Kinzinger (R-IL) released a statement on President Trump’s decision to rescind DACA. He called on Congress to pursue immigration reform as a permanent, legislative solution that will allow Dreamers to stay legally. Kinzinger is a co-sponsor of the RAC Act (H.R. 1468).
Senator Ernst Calls on Congress to Defend Dreamers
On 9/5/17, Senator Joni Ernst (R-IA) released a statement following President Trump’s decision to rescind DACA. She called on Congress to pursue a measured approach that addresses the situation of Dreamers, secure the border, and modernize our legal immigration system.
Senator Lamar Alexander Pushes for Immigration Reform
On 9/5/17, Senator Lamar Alexander (R-TN) issued a statement following President Trump’s decision to rescind DACA. The Senator voted for the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), and is willing to work with Trump to pass similar legislation.