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
TRAC Report: Immigration Court Deciding More Cases
TRAC report demonstrates that in FY2017, the Immigration Court has steadily increased the number of cases it has completed, with case completions during FY2017 being above the comparable period from the previous year. TRAC found that removal orders are also up so far in FY2017.
CBP Issued Memo on Prosecutorial Discretion in Immigration Administrative Proceedings
CBP issued a memo with guidance on prosecutorial discretion in immigration administrative procedures. The memo notes that the volume of cases is not expected to be large, with an estimated 65 such cases nationwide since February 2017.
CBP Issues DHS Memo on Implementation of President Trump’s EO on Border Enforcement
CBP issued a DHS memorandum signed by DHS Secretary John Kelly implementing the President’s Border Security and Immigration Enforcement Improvements Policies that was signed on January 25, 2017. See AILA Doc. No. 17021831 for an unredacted version.
CBP Issues DHS Memo on Implementation of President Trump’s EO on Interior Enforcement
CBP issued a DHS memorandum signed by DHS Secretary John Kelly implementing President Trump's Executive Order on Enhancing Public Safety in the Interior of the United States that was signed on January 25, 2017. See AILA Doc. No. 17021830 for an unredacted version.
CA1 Finds BIA Acted Within Its Discretion in Citing Intervening Case Decided After Petitioner Submitted Her Appeal Brief
The court held that it was not improper for the BIA to cite in its decision Matter of A-R-C-G-, which was decided after the petitioner had submitted her appeal brief, and that the BIA had no obligation to permit further briefing. (Cortez Cardona v. Sessions, 2/17/17)
CA1 Says BIA Properly Applied IMMACT 90 Where Petitioner’s Conviction Postdated the Statute’s Enactment
The court held that where the petitioner’s criminal conduct predated IMMACT 90’s enactment but his conviction postdated it, the BIA properly ruled that the petitioner’s post-enactment date of conviction controlled, rendering INA §212(c) relief unavailable to him. (Holder v. Sessions, 2/17/17)
Expedited Removal: What Has Changed Since Executive Order No. 13767
The National Immigration Project of the National Lawyers Guild, the American Immigration Council, and ACLU Immigrants’ Rights Project provide a practice advisory on how expedited removal has changed since President Trump issued the Executive Order on border security and immigration enforcement.
AIM: Fighting for In-State Tuition
In February's AILA Interview of the Month, AILA Past President Charles Kuck provides an update on his lawsuit in Georgia, which pushes for DACA recipients' rights to in-state tuition, and shares why he took the case.
CA8 Upholds Denial of Asylum to Honduran Woman Who Was Abused by Her Former Domestic Partner
The court held that the BIA did not err in concluding that petitioner failed to establish that she was a member of her proposed social group or that the Honduran government would consent to or acquiesce in her mistreatment if she was removed to Honduras. (Fuentes-Erazo v. Sessions, 2/16/17)
BIA Remands Denial of Continuance for Adjudication of U Visa
Unpublished BIA decision remands record because IJ failed to consider likelihood that U visa petition would be granted before denying request for continuance. Special thanks to IRAC. (Matter of Medrano-Herrera, 2/16/17)
BIA Reverses Denial of Motion to Change Venue from Buffalo Immigration Court
Unpublished BIA decision reverses denial of unopposed motion to change venue from Buffalo to Newark. Special thanks to IRAC. (Matter of Djabeng, 2/16/17)
Is ICE Making Us Safer or Less Secure?
What is the mission of Immigration and Customs Enforcement (ICE)? Its website states: ICE's mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal s
BIA Holds Connecticut Third Degree Larceny Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that third degree larceny under Conn. Gen. Stat. 53a-124 is not an aggravated felony theft offense because it encompasses offenses in which victim voluntarily surrenders property to another. Special thanks to IRAC. (Matter of Lopes, 2/15/17)
BIA Allows Withdrawal of Mistaken Concession That Respondent Was Subject of Conviction
Unpublished BIA decision holds that respondent should not be bound by prior attorney's concession that he was convicted of a CIMT in light of evidence submitted on appeal showing that conviction related to respondent’s brother. Special thanks to IRAC. (Matter of Valdez Garcia, 2/15/17)
DHS Statement on Arrest of DACA Recipient in Washington State
DHS released a statement on the arrest of DACA-recipient Daniel Ramirez-Medina by ICE in Washington State. The statement indicates that 1,500 DACA recipients have had their deferred action terminated due to criminal conviction, gang affiliation, or a criminal conviction related to gang affiliation.
CRS Report with FAQs on the DACA/DAPA Deferred Action Initiatives
The Congressional Research Service (CRS) provides answers to frequently asked questions about the DACA and DAPA initiatives. Cumulatively, through 9/30/16, USCIS approved more than 750,000 initial DACA requests and more than 580,000 renewal requests.
BIA Says Respondent’s Connecticut Conviction for Larceny Is Not a Theft Offense Under INA §101(a)(43)(G)
Unpublished BIA decision holds that the petitioner’s conviction for larceny in Connecticut was not an aggravated felony theft offense, because the Connecticut statute under which she was convicted is overbroad and indivisible. Special thanks to Holli Wargo. (Matter of Lopes, 2/15/17)
TRAC Report with a Primer on ICE Immigration Raids
This TRAC report states that during FY2016 ICE apprehended and removed an average of 1,250 individuals each week from the interior of the U.S. However, most arrests occurred when ICE assumed custody of individuals arrested or detained by local, state, and other federal law enforcement agencies.
Documents Related to Habeas Corpus Petition Filed by DACA Recipient in Washington
Documents related to a habeas corpus petition filed in Medina v. DHS, a case involving a DACA recipient in Washington State who was arrested and taken into custody by ICE agents. The arrest occurred at the home of the DACA recipient’s father, for whom ICE had an arrest warrant.
ICE Fact Sheet Regarding Arrests in Georgia and the Carolinas
ICE fact sheet with information on the nearly 200 unlawfully present foreign nationals that were arrested in the states of Georgia, North Carolina, and South Carolina during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in Los Angeles-Area Operation
ICE fact sheet with information on the 161 foreign nationals that were taken into custody in Los Angeles and the surrounding areas during a five-day enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in Six Midwestern States
ICE released a fact sheet with information on the 235 foreign nationals that were arrested in the states of Illinois, Indiana, Wisconsin, Kentucky, Kansas and Missouri during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in San Antonio Area
ICE released a fact sheet with information on the 28 foreign nationals that were arrested in San Antonio and the surrounding areas during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in the New York Area
ICE released a fact sheet with information on the 41 foreign nationals that were arrested in the five boroughs of New York City and the surrounding areas during a targeted enforcement operation conducted by ICE.
Statement from DHS Secretary Kelly on Recent ICE Enforcement Actions
ICE released a statement regarding enforcement operations that occurred across the country resulting in the arrest of 680 individuals in which the enforcement operations are described as consistent with the routine, targeted arrests carried out by Fugitive Operations teams on a daily basis.