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
Documents Relating to Immigrant Visa Holder's Suit Challenging Trump's Executive Order
The judge granted a temporary restraining order requiring the respondents to transport the petitioner, who had been removed from the country, back to the United States and admit him under the terms of his visa. (Vayeghan v. Kelly, 1/29/17)
Washington District Court Judge Grants Stay of Removal in Lawsuit Challenging Trump Executive Order
The court granted a stay of removal and found that the defendants are enjoined from removing the two petitioners from the United States pending further order of the court. A hearing was set for 2/3/17 to determine whether to lift the stay. (Doe v. Trump, 1/28/17)
CBP Guidance Regarding Implementation of EO 13769 Travel Ban Obtained Via FOIA
Documents and field guidance, obtained via FOIA, relating to the implementation of the travel ban provisions of Executive Order 13769, signed by President Trump on January 27, 2017, including communications between CBP and field staff.
BIA Holds Nevada Domestic Violence Statute Not a Crime of Violence
Unpublished BIA decision holds battery domestic violence under Nev. Rev. Stat. 200.485.1(a) is not a crime of violence because it may be committed using nonviolent force and respondent not bound by prior attorney admission. Special thanks to IRAC. (Matter of Cardeas Cazares, 1/27/17)
BIA Holds Maryland Third Degree Burglary Not a CIMT
Unpublished BIA decision holds that third degree burglary under Md. Code Ann., Crim. Law 6-204 is not a CIMT because offenders need not intend to commit a CIMT once inside the dwelling. Special thanks to IRAC. (Matter of Hegana, 1/26/17)
BIA Finds Forfeiture Order Does Not Establish Loss From Fraud Conviction
Unpublished BIA decision finds that forfeiture order of $169,000 following fraud conviction did not demonstrate loss to victims was more than $10,000 because respondent was ordered to pay only $118.69 in restitution. Special thanks to IRAC. (Matter of Baig, 1/26/17)
BIA Holds Driving With Suspended License Post-DUI Not a CIMT
Unpublished BIA decision holds that driving with license suspended/revoked for having driven under the influence under Cal. Veh. Code 14601.2(a) is not a CIMT because it does not inherently create danger of serious harm to self and others. Special thanks to IRAC. (Matter of F-A-M-, 1/26/17)
BIA Solicits Amicus Briefs on Attempt to Transport a Narcotic Drug for Sale
The BIA is seeking amicus briefs on whether a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§13-3408(A)(7) and 13-3408(B)(7) is a crime involving moral turpitude. Briefs are due by 2/27/17.
Correction to DHS Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
DHS issued a correction to the final rule originally published at 82 FR 4769 on 1/17/17 eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by air. The correction updates contact info for DHS. (82 FR 8353, 1/25/17)
Correction to DHS Notice Eliminating Exception To Expedited Removal for Cubans Encountered in the U.S. or Arriving by Sea
DHS issued a correction to the notice originally published at 82 FR 4902 on 1/17/17 eliminating the exception to expedited removal authority for Cuban nationals encountered in the United States or arriving by sea. The correction updates contact information for DHS. (82 FR 8431, 1/25/17)
AILA/Council Summary and Analysis of Trump Executive Order on Border Security and Enforcement
AILA and the American Immigration Council’s summary and analysis of the January 25, 2017, Executive Order, “Border Security and Immigration Enforcement Improvements.” This document will be updated as information is available. A section-by-section summary and analysis follows the executive summary.
Fact Sheet: The Cost of Immigration Enforcement and Border Security
The American Immigration Council provides a fact sheet on border security, which depends on the smart and efficient use of available resources. At the same, border enforcement cannot and should not be done in isolation. Instead, the entire immigration system must be examined.
Leaked DHS Memo on Implementation of President's Border Security and Immigration Enforcement Improvements Policies
Leaked DHS memo from Secretary John Kelly, reported by the Associated Press, on the implementation of border security and immigration enforcement EO, including the use of state National Guard components and use of video teleconference removal hearings at detention facilities.
AILA/USCIS Field Operations Directorate Unofficial Update from Teleconference (1/24/17)
Unofficial update from the 1/24/17 teleconference with USCIS Field Operations Directorate. Topics include I-9 requests in benefit interviews, hiring freeze impact, ELIS, wait times for interviews, I-212/I-601A, pending N-400 adjudications and interview rescheduling, EB-5s, and interpreters.
CA4 Says Petitioner’s Conviction for Involuntary Manslaughter in Virginia Is Not a CIMT
The court vacated BIA’s removal order and remanded, finding that petitioner’s conviction for involuntary manslaughter in Virginia was not categorically a crime involving moral turpitude, because a conviction thereof can be predicated on mere criminal negligence. (Sotnikau v. Lynch, 1/24/17)
TRAC Report: ICE Criminal Prosecutions Down 41 Percent
TRAC reported that criminal prosecutions from ICE investigations for FY2016 were down 41.1 percent since FY2011. These figures do not include the larger number of criminal prosecutions from referrals made by CBP and USCIS. Immigration matters accounted for 53.2 percent of FY2016 ICE prosecutions.
Practice Alert: Clarification on Advance Parole Documents for DACA Recipients
In response to concerns raised by AILA’s NSC Liaison Committee, the NSC clarified new language concerning the parole period for travel on Form I-512L for DACA recipients who applied for advance parole. An example I-512L document with this language is included.
Draft Presidential Executive Order: Ending Unconstitutional Executive Amnesties
A leaked version of a presidential Executive order, dated 1/23/17, titled Executive Order Ending Unconstitutional Executive Amnesties. Disclaimer: this is draft only and this Executive Order has not been signed by the President.
EOIR Statement on Erroneous Public Release of Immigration Judge Information
EOIR released a statement regarding its ongoing litigation with AILA regarding the release of information regarding the immigration judge conduct and professionalism program and the publication by an attorney of uncovered data not accessible on the face of the documents.
CA5 Remands for Reconsideration of CAT Claim of Petitioner Whose Family Members Were Murdered by the Zetas Drug Cartel
The court held BIA erred in failing to consider whether petitioner’s evidence of active participation by public officials under color of law showed he was more likely than not to be tortured “by” or with “consent of” government officials. (Iruegas-Valdez v. Yates, 1/23/17, revised 3/24/17)
CA10 Upholds Denial of Asylum to Christian Chinese Petitioner Who Claimed He Was Persecuted for His Religious Beliefs
The court upheld the BIA, finding that the petitioner failed to show that a reasonable factfinder would be compelled to conclude he suffered past persecution, and that the BIA’s finding was supported by substantial evidence and the court’s precedents. (Xue v. Lynch, 11/25/16, amended 1/23/17)
CA9 Says Petitioner’s California Conviction for Witness Tampering Is Not Categorically a CIMT
The court granted the petition for review, finding that petitioner’s California conviction for witness tampering was not a categorical crime involving moral turpitude, because the offense is overly broad and not a categorical match to the generic definition of CIMT. (Duran v. Lynch, 1/20/17)
CA6 Finds Petitioner’s Ohio Conviction for Aggravated Assault Is a CIMT
The court denied the petition for review of the BIA's affirmance of the IJ's removal order, rejecting the petitioner’s argument that his 2012 conviction for aggravated assault in Ohio was not a crime involving moral turpitude. (Lovano v. Lynch, 1/20/17)
CA7 Remands Withholding of Removal Claim of HIV-Positive Petitioner from Honduras
The court found that IJ erred in suggesting that petitioner would be safe in Honduras if he kept secret his HIV status, and also that IJ overlooked key testimony that petitioner would be unable to hide his HIV status and would be persecuted in Honduras. (Velasquez-Banegas v. Lynch, 1/19/17)
BIA Holds Nevada Theft Not an Aggravated Felony Fraud Offense
Unpublished BIA decision holds that theft under Nev. Rev. Stat. 205.0832(1)(b) is not an aggravated felony under INA 101(a)(43)(M)(i) because it does not require fraud or deceit. Special thanks to IRAC. (Matter of Vasquez, 1/19/17)