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
AILA Quicktake #203: Legislation in House Judiciary Committee
AILA's Director of Government Relations Greg Chen provides updates on three enforcement-only bills being marked up in the House Judiciary Committee on 5/18/17 and how these will undermine public safety.
AILA Statement to House Judiciary Committee on Markup of H.R. 2406, H.R. 2407, and H.R. 2431
On 5/17/17, AILA submitted the following statement opposing three immigration related bills (H.R. 2407, H.R. 2406, and H.R. 2431) scheduled for markup on 5/18/17 before the House Judiciary Committee. These bills would constitute an unprecedented expansion of the immigration enforcement.
Sign-On Letter Calling on Members of Congress to Oppose H.R. 2213 and S. 595
On 5/17/17, AILA joined 67 organizations in urging members of Congress to oppose the Anti-Border Corruption Reauthorization Act (H.R. 2213) and the Senate Boots on the Border Act (S.595).
BIA Finds IJ Improperly Acted as Advocate During Hearing
Unpublished BIA decision finds that IJ impermissibly acted as an advocate rather than an impartial adjudicatory by sua sponte calling two of respondent’s relatives to testify and attempting to discredit their testimony. Special thanks to IRAC. (Matter of M-J-R-, 5/17/17)
BIA Finds California Identity Theft Is Not a CIMT
Unpublished BIA decision holds that identity theft under Cal. Penal Code 530.5(a) is not a CIMT under Linares-Gonzalez v. Lynch 823 F.3d 508 (9th Cir. 2016). Special thanks to IRAC. (Matter of Nguyen, 5/16/17)
BIA Holds Arizona Aggravated DUI Not CIMT
Unpublished BIA decision holds that aggravated driving under the influence under Ariz. Rev. Stat. 28-1383(A)(1) is not a CIMT because statute applies to mere exercise of physical control over a vehicle. Special thanks to IRAC. (Matter of Rosas-Hernandez, 5/16/17)
BIA Finds Arizona Statute Not a Firearms Offense
Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17)
Despite Hiring, Immigration Court Backlog and Wait Times Climb
TRAC found that despite an influx of new judges over the last 18 months, the Immigration Court’s mountainous backlog continues to rise. According to information obtained under the FOIA by TRAC, some individuals will have been waiting more than five additional years for their hearing date.
CA7 Finds It Lacks Jurisdiction to Review Petitioner's Challenges to Expedited Removal Process and 8 CFR §1208.31(g)(2)(i)
The court dismissed the petition for review in part and denied the remainder, holding that it had no jurisdiction to review the petitioner’s challenges to the expedited removal process or his challenge to 8 CFR §1208.31(g)(2)(i). (Delgado-Arteaga v. Sessions, 3/23/17, amended 5/12/17)
BIA Finds Child Endangerment Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17)
BIA Remands Record Due to Lack of Mam Interpreter
Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17)
BIA Affirms Finding that Public Lewdness Is Not a CIMT
Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17)
AILA Members’ LTE Template on Large-Scale Enforcement Actions and Raids
We encourage AILA members to personalize and use this template Letter to the Editor as a starting point when writing a response to an article in your local outlet about large-scale enforcement actions and raids. Please email newsroom@aila.org with any questions or to share your success.
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17)
BIA Holds Texas Statute Not a Crime of Violence
Unpublished BIA decision holds that injury to a child, elderly individual, or disabled individual under Texas Penal Code 22.04(a) is not a crime of violence because it criminalizes omissions rather than intentional uses of force. Special thanks to IRAC. (Matter of J-K-O-, 5/10/17)
TRAC Files FOIA Suit Claiming ICE Is Withholding Data on Detainer Usage
The Transactional Records Access Clearinghouse (TRAC) filed a lawsuit under the Freedom of Information Act (FOIA) alleging that, starting in January 2017, ICE began unlawfully withholding records related to its immigration enforcement actions and its interaction with other law enforcement agencies.
The Perils of Expedited Removal: How Fast-Tracked Deportations Jeopardize Asylum Seekers
The American Immigration Council released a report with original testimony to demonstrate that the government’s reliance on “fast-track” deportation methods, such as expedited removal, in conjunction with detention often results in disadvantaging women and their children held in detention centers.
CA3 Says South Carolina Accessory-After-the-Fact Conviction Is Not a “Particularly Serious Crime” Under the INA
The court held that the petitioner’s South Carolina accessory-after-the-fact conviction was not an offense “relating to obstruction of justice” and therefore could not be considered either an aggravated felony or a particularly serious crime under the INA. (Flores v. Att’y Gen., 5/8/17)
Systemic Indifference: Dangerous and Substandard Medical Care in Immigration Detention
The Human Rights Watch released a report that reveals systemic failures, such as unreasonable delays in care and unqualified medical staff, that are likely to expose a record number of people to dangerous conditions under President Trump’s ramped up deportation and detention plans.
Sign-On Letter Calling on DHS Secretary Kelly to Halt the Expansion of Immigration Detention
On 5/8/17, AILA joined 271 other organizations, urging DHS Secretary John Kelly to halt the expansion of immigration detention and to strengthen rather than lessen standards and monitoring of a system that already endangers the lives and due process rights of asylum seekers and immigrants.
BIA Finds Driving Without a License Resulting in Death or Serious Injury Not a CIMT
Unpublished BIA decision holds that driving without a valid driver’s license resulting in death or serious bodily injury under Fla. Stat. 322.34(6) is not a CIMT because it requires only carelessness or negligence. Special thanks to IRAC. (Matter of Saucedo, 5/8/17)
ICE Directive on Stays of Removal and Private Immigration Bills
ICE issued policy directive 5004.1, which establishes policy, procedures, and responsibilities that ICE will adhere to when considering and issuing stays of removal related to private immigration bills.
ICE Letter to Senator Grassley Regarding Grants of Stays of Removal and Private Immigration Bills
On 5/5/17, ICE sent a letter to the Senate Judiciary Committee on policy changes on granting of stays of removal in connection with private immigration bills. Changes are effective immediately. Among other changes, the stay duration will be limited to six months with a one-time 90-day extension.
Immigration Policy Update: Federal Spending Bill and Immigration
On 5/1/17, news broke that Congress reached an agreement on the funding bill to keep the government open for the rest of 2017. This policy update provides an overview of the major immigration provisions, including funding for border security and interior enforcement, and limited H-2B relief.
Migration Policy Institute: Advances in U.S.-Mexico Border Enforcement
The Migration Policy Institute provided analysis of previously unpublished Consequence Delivery System data from U.S. Border Patrol as well as fieldwork in the Tucson and Rio Grande Valley sectors, discussing which consequence measures may be most effective in deterring illegal migration.