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
CA7 Finds Salvadoran Asylum Applicant Failed to Show Nexus Between Persecution and Proposed Social Groups
The court held that the Salvadoran petitioner did not meet his burden of demonstrating a nexus between the alleged persecution he faced from gang members in El Salvador and his proposed social groups of wealthy deportees or gang resisters. (Orellana-Arias v. Sessions, 7/25/17)
CA1 Remands for Reconsideration of Whether Petitioner’s Massachusetts ABDW Conviction Is Categorically a CIMT
The court vacated the BIA’s decision determining that the Massachusetts crime of assault and battery (ABDW) with a dangerous weapon is categorically a crime involving moral turpitude under the INA, and remanded for further consideration. (Coelho v. Sessions, 7/24/17)
Massachusetts Supreme Judicial Court Rules Against Use of Immigration Detainers
The Supreme Judicial Court of Massachusetts held that Massachusetts law provides no authority for holding an individual solely on the basis of a federal civil immigration detainer beyond the time that the individual would otherwise be entitled to be released. (Lunn v. Commonwealth, 7/24/17)
CA9 Upholds BIA’s Denial of Withholding of Removal and CAT Relief to Former Police Officer in Mongolia
The court upheld BIA’s determination that the Mongolian petitioner was targeted because of his role in a drug-trafficking investigation, and not on account of his political opinion, his purported whistleblowing activity, or his status as a former police officer. (Sanjaa v. Sessions, 7/21/17)
BIA Says “Specified Offense Against a Minor” Can Involve Undercover Officer Posing as a Minor
The BIA held that an offense may be a “specified offense against a minor” within the meaning of the Adam Walsh Child Protection and Safety Act, even if it involved an undercover police officer posing as a minor, rather than an actual minor. Matter of Izaguirre, 27 I&N Dec. 67 (BIA 2017)
Twenty Attorneys General Ask President Trump to Keep DACA Program
Attorneys general from 19 states and DC sent a letter to President Trump urging him to maintain and defend the DACA program, stating, “We urge you to affirm America’s values and tradition as a nation of immigrants and make clear that you will not only continue DACA, but that you will defend it.”
AILA Welcomes Bipartisan Dream Act of 2017; Calls on Congress and the Administration to Protect Dreamers
AILA welcomes the introduction of the Dream Act of 2017, a bipartisan bill authored by Senators Lindsey Graham and Dick Durbin, that would provide young people who were brought to the U.S. as children a chance to apply for lawful permanent residence if they meet certain requirements.
AILA Quicktake #210: Dream Act of 2017 Introduced
AILA Director of Government Relations Greg Chen shares why the Dream Act of 2017, introduced by Senators Lindsey Graham and Dick Dubrin, is important. He also discusses details of the bill and what AILA members can do.
Section by Section of the Dream Act of 2017
Section-by-section of the Dream Act of 2017, a bipartisan bill introduced by Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL).
S. 1615: Dream Act of 2017
On 7/20/17, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced the bipartisan Dream Act of 2017, which would provide young people who were brought to this country as children and grew up in the U.S., the chance to apply for lawful permanent residence, if they meet certain requirements.
CA7 Finds Petitioner’s Illinois Conviction for Possessing Between 30 and 500 Grams of Marijuana Is Not an Aggravated Felony
The court held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing between 30 and 500 grams of marijuana as an aggravated felony. (Chen v. Sessions, 7/20/17)
ICE Arrests 400th Foreign Fugitive in FY2017
ICE announced that it conducted its 400th foreign fugitive arrest in FY2017. According to ICE, the majority of FY2017’s 400 foreign fugitive arrests took place in New York, New Jersey, California, Florida, Arizona, and Texas.
There’s Always More to Learn
When I first began practicing law, I thought I knew everything I could ever need to know about immigration. I'd been a business immigration paralegal for several years before law school and had learned a lot about nonimmigrant visas and employment-based green cards. I'd assisted with processing th
Sign-On Letter Calling on Congress to Oppose ICE’s Funding Request
On 7/18/17, AILA joined nearly 200 other organizations in urging members of Congress to oppose ICE’s 6/30/17 request for a reprogramming of funds to cover detention costs for the remainder of FY2017.
USCIS Provides PowerPoint Presentations from NSC Stakeholder Open House
USCIS provides the PowerPoint presentations from the Nebraska Service Center (NSC) open house on 7/18/17. USCIS discussed the types of cases processed at NSC, DACA requests, and the production of travel and employment authorization documents, as well as Form I-9, E-Verify, and the SAVE program.
BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17)
BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime
Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17)
BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17)
An Obscure Trump Administration Policy that Needlessly Harms Americans
Laws often have unintended consequences. Sometimes, good government officials adopt interpretations of the law designed to mitigate those unintended consequences. But sometimes, the most anti-immigrant politician in recent memory directs his subordinates to adopt policies that undermine those mitiga
TRAC Data Shows Immigration Court Dispositions Drop 9.3 Percent Under Trump
The Transactional Records Access Clearinghouse (TRAC) found that Immigration Court dispositions have dropped by 9.3% since President Trump took office. Changes such as shifting judge assignments, revised case processing priorities, and the termination of PD closures, caused the decline.
CAPAC Chair Condemns Proposal to Fund Border Wall and Mass Deportation Force
On 7/17/17, Chair Judy Chu (D-CA) of the Congressional Asian Pacific American Caucus (CAPAC) urged her colleagues to reject the House Homeland Security Appropriations Bill for FY2018, which would create a mass deportation force, build a border wall, and tear families apart.
Congressional Hispanic Caucus Urges Appropriators to Reject Increasing DHS Funding
On 7/17/17, the Congressional Hispanic Caucus (CHC) urged House Appropriators to reject increased funding for ICE and CBP, in particular increased funding for immigration detention and ICE and Border Patrol agents.
NARA Notice of Agency Records Schedules Including ICE Document Destruction Proposal
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies, including an ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (82 FR 32585, 7/14/17)
BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17)
One Road to Immigration Law
True confession: I did not take immigration law in law school and I took Latin as my foreign language class. AILA members, reading that, I'm sure you just groaned. But the fact was, I did not become an attorney to practice immigration law. About 20 years ago though, my life took a happy turn and [&