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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
Key Takeaways from the Annual Conference ICE Open Forum
The ICE Liaison Committee provides key takeaways from the ICE Open Forum Panel, which was held during the AILA Annual Conference on June 14, 2024.
Key Takeaways from the CIS Ombudsman Open Forum 2024 AILA Annual Conference
AILA’s High Impact Adjudication Assistance (HIAA) Committee shares five key takeaways from the CIS Ombudsman Open Forum at the AILA Annual Conference on June 14, 2024.
Featured Issue: Border Processing and Asylum
This featured issue page provides updates, analyses, and other resources on border processing and asylum policies, and AILA’s advocacy on the creation of a humane and fair border processing system for all individuals arriving at our southern border seeking safety.
Think Immigration: The Next Best Thing to Attending the AILA Law Journal Symposium Is Reading This Issue
AILA Law Journal Editor-in-Chief Cyrus Mehta runs through the pieces in this special edition of the journal which focuses on the AILA Law Journal’s first-ever symposium held this Spring on “Shaping Immigration Policy Through the Federal Courts.”
AILA and the Council Comment on the Application of Certain Mandatory Bars in Fear Screenings
AILA and the American Immigration Council submitted a joint comment on NPRM, Application of Certain Mandatory Bars in Fear Screenings.
CA1 Concludes That Petitioner Detained Nearly Four Years While Seeking CAT Relief Was Not Entitled to Habeas Relief
The court affirmed the district court’s denial of habeas relief, finding that the petitioner had not exhausted his administrative remedies to prevent removal, but rather was being detained because his Convention Against Torture (CAT) proceedings remained pending. (G.P. v. Garland, 6/11/24)
CA4 Upholds Denial of Asylum and Related Relief to Salvadoran Petitioners Who Were Abused by Maternal Uncle
The court held that substantial evidence supported the agency’s finding that petitioners had failed to show the requisite nexus between the harm they suffered from their uncle and their membership in a social group consisting of “children of their mother.” (Diaz-Hernandez v. Garland, 6/10/24)
Practice Alert: Searching for Individuals in CBP Custody
If you are searching for someone who may have crossed into the United States, the ICE website allows you to search by name or A-number for anyone currently in ICE custody or currently in CBP custody for 48 hours or more.
ICE Announces Changes to "Optimize Enforcement Resources"
ICE announced several changes to increase the overall capacity of enforcement resources, including repatriation flights and detention capacity. One change was closing the South Texas Family Residential Center in Dilley, Texas, which is the most expensive facility in the national detention network.
Legal and Policy Experts Discussed Asylum and Border Changes in Virtual Press Briefing
AILA held a virtual press briefing in which AILA ED Ben Johnson was joined by Greg Chen, Jennifer Ibañez Whitlock, and Angela Kelley to discuss the recently issued Interim Final Rule (IFR) and Presidential Proclamation; an audio recording is available.
DHS/DOJ Interim Final Rule on Securing the Border
DHS/DOJ published an interim final rule with a request for comments on a proclamation suspending and limiting the entry of certain noncitizens. Comments are due by 7/8/24. Rule is effective at 12:01 am (ET) on 6/5/24. (89 FR 48710, 6/7/24)
Audio Recording of Press Briefing Held June 6, 2024, Regarding Implementation of Border IFR
Unofficial transcription and audio recording of AILA's press briefing held on June 6, 2024, regarding the implementation of the recent border IFR.
Practice Alert: Changes to Asylum Law under “Securing the Border” and the “Circumvention of Lawful Pathways” Regulations
AILA provides a practice alert after President Biden signed “A Proclamation on Securing the Border,” (Proclamation) and the Administration issued an Interim Final Rule, “Securing the Border” (IFR), jointly (STB), relying in part on the authority in INA 212(f).
Joint Analysis of Biden Border Proclamation
AILA, as well as several other organizations, provide joint analysis of the Biden Border Proclamation, including key takeaways, background information, and summaries of the changes.
Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum
AILA ED Ben Johnson responded to the Biden Administration’s new proclamation and rule aimed at preventing migrants entering the U.S. between ports of entry from accessing asylum, noting that “the powers of the Executive Branch alone are insufficient to address the challenges at the border.”
ICE Issues Implementation Guidance for Noncitizens Described in the June 3, 2024, Presidential Proclamation
ICE issued implementation guidance for noncitizens described in the June 3, 2024, Presidential Proclamation, Securing the Border, and the Interim Final Rule, Securing the Border, which went into effect on 12:01 am (ET) on June 5, 2024.
Policy Brief: Presidential Authority to Block or Expel Migrants
President Biden is considering restricting the number of migrants who can enter the United States and barring asylum seekers for extended periods. AILA would oppose this policy if it prevents asylum seekers from receiving fair and accurate consideration of their requests for asylum.
CA7 Affirms District Court’s Dismissal of Plaintiff’s Complaint Alleging That USCIS Improperly Denied Her I-360 Petition
The court found that the district court correctly dismissed the plaintiff’s complaint, which alleged that USCIS improperly denied her I-360 petition under the Administrative Procedure Act (APA) and agency regulations, as well as violated her Fifth Amendment rights. (Smith v. Garland, 6/3/24)
"No Human Being Should Be Held There": The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails
Immigration Equality, the National Immigrant Justice Center, and Human Rights First surveyed 41 LGBTQ and HIV-positive immigrants who were detained by CBP and ICE and found inhumane conditions and urge the executive branch and Congress to take steps to end the unnecessary suffering.
Gender Affirming Language in Immigration Court
ACACIA, RMIAN, and Benach Collopy provide a primer on how gender-expansive identities can be affirmed in courtroom settings and a reference point for ensuring that people of different gender identities are respected in court.
NILA Practice Alert: Construing the Reopening Limitation in the Reinstatement Statute
NILA created a practice alert addressing Suate-Orellana v. Garland and provides two template motions based on Suate-Orellana – a motion to reconsider and a motion to reopen. These motions are Ninth-Circuit specific but can be modified for filing in cases outside the circuit.
DOJ Expands Efforts to Dismantle Human Smuggling Operations and Support Immigration Prosecutions
The DOJ announced additional efforts to dismantle and prosecute human smuggling operations and increased federal immigration-related prosecutions. To accomplish these goals, the DOJ will also increase coordination with other agencies.
AILA Executive Director Welcomes Anti-Trafficking Effort, Urges Focus on Real Threats
AILA ED Ben Johnson states DOJ’s anti-trafficking and smuggling plans are exactly where DHS and DOJ “should focus efforts to reduce crime and improve border management” but flags concerns with “the agencies’ plan to increase prosecutions of people for improper entry or re-entry after removal.”
CA2 Holds That Petitioner’s New Jersey Conviction for Distributing a Controlled Substance on or Near School Property Was Not an Aggravated Felony
Applying the categorical approach, the court concluded that the petitioner’s conviction in New Jersey for distributing a controlled substance on or near school property in violation of N.J. Stat. §2C:35-7 was not an aggravated felony under INA §101(a)(43)(B). (Stankiewicz v. Garland, 5/31/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses depending on the form being filed. These tips will help ensure that USCIS accepts an application, petition, or request package for processing.