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
RAIO and Asylum Division Officer Training Course on Reasonable Fear of Persecution and Torture Determinations
Updated lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course, effective 2/27/17.
USCIS Executive Summary of Changes to the Reasonable Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
USCIS Executive Summary of Changes to the Credible Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on credible fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
Practice Alert: Targeted ICE Enforcement Actions are Underway
AILA has received information that ICE has once again commenced targeted enforcement actions by reinstituting “Operation Cross Check,” this time focusing on fugitives, individuals who reentered after they were deported, and at large “criminal aliens” (anyone with any criminal conviction).
Quick Summary of Immigration-Related Provisions of February 9, 2017, Trump Executive Orders
AILA issued a quick summary of the immigration-related provisions of President Trump’s February 9, 2017, Executive Orders.
S. 349: Access to Counsel Act
On 2/9/17, Senator Kamala Harris of California, along with six fellow Democratic senators, introduced a bill to guarantee access to counsel to those held or detained at a port of entry or detention facility overseen by CBP or ICE.
CA5 Upholds Denial of Naturalization Application Where USCIS Found Appellant Did Not Receive a Full and Unconditional Executive Pardon
The court held that USCIS’s interpretation of a “full and unconditional executive pardon” was permissible, and affirmed a summary judgment upholding the denial of the appellant’s application for naturalization. (Nguyen v. USCIS, 2/9/17)
BIA Dismisses Multiple CIMT Charge In Light of Prior 212(c) Waiver
Unpublished BIA decision holds that grant of 212(c) waiver for aggravated felony committed in 1993 precludes DHS from using offense to charge respondent in same proceeding with having been convicted of multiple CIMTs. Special thanks to IRAC. (Matter of M-M-S-, 2/9/17)
Senator Durbin Calls for Hearing on the President’s Immigration and Refugee Executive Orders
On 2/8/17, Senator Dick Durbin (D-NV) called on Senator John Cornyn (R-TX), Chairman of the Immigration Subcommittee, to hold a series of hearings on President Trump’s immigration and refugee executive orders that were signed in January 2017.
H.R.921: Community Trust Act of 2017
On 2/7/17, Representative Zoe Lofgren (D-CA) introduced the Community Trust Act of 2017 (H.R. 921), which would prohibit the use of federal funds to enforce Executive Order 13768, entitled “Enhancing Public Safety in the Interior of the United States.” The bill is cosponsored by 26 Democrats.
CA7 Finds Petitioner’s Illinois Conviction for Violating a Domestic Protection Order Makes Him Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the petitioner’s conviction for violating a domestic protection order in Illinois rendered him legally ineligible for cancellation of removal under the terms of INA §237(a)(2)(E)(ii). (Garcia-Hernandez v. Boente, 2/7/17)
CA9 Says There Is No Due Process Right to Counsel During Expedited Removal Proceedings
The court held that the defendant had no Fifth Amendment due process right to hire counsel in his expedited removal proceeding and that he was not prejudiced by the government’s failure to inform him of the possibility of withdrawal relief. (United States v. Peralta-Sanchez, 2/7/17)
BIA Holds Florida Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that manslaughter under Fla. Stat. 782.07(1) not a crime of violence under 18 U.S.C. 16(b) because it does not involve a substantial risk that perpetrator will use force in committing offense. Special thanks to IRAC. (Matter of Joseph, 2/7/17)
EOIR Swears in Twelve Immigration Judges
EOIR announced the investiture of 12 new immigration judges, including Victoria L. Argumendo, Steven D. Caley, Ila C. Deiss, Delia I. Gonzalez, Deborah K. Goodwin, Stephanie E. Gorman, Richard A. Jamadar, Julie Nelson, Emmett D. Soper, Jem C. Sponzo, Arwen Ann Swink, and Veronica S. Villegas.
Practice Alert: What to Do If Clients are Asked to Relinquish Their Green Cards and Sign Form I-407, Abandonment of LPR Status
AILA’s CBP Liaison Committee alerts practitioners of the procedures to follow if clients are asked to relinquish their green cards and sign Form I-407, Abandonment of Legal Permanent Resident Status.
Documents Relating to Massachusetts Case Challenging Executive Order 13769
The court declined to impose any injunctive relief and did not renew the temporary restraining order that is set to expire on Sunday, February 5, 2017, that was entered on January 29, 2017. (Louhghalam v. Trump, 2/3/17)
American Immigration Council Fact Sheet: Expedited Removal
The American Immigration Council provides a fact sheet with a primer on expedited removal. President Trump’s January 25, 2017, executive order directs the Department of Homeland Security (DHS) to dramatically expand the use of “expedited removal.”
Board of Immigration Appeals Practice Manual (2/3/17)
The BIA provides an updated Practice Manual (updated on 2/3/17). This manual describes procedures, requirements, and recommendations for practice before the Board of Immigration Appeals.
BIA Finds Indiana Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that engaging in or conducting performance harmful to minors under Ind. Code 35-49-3(a)(5) not a crime of child abuse because offense does not require presence of or create likelihood of harm to minor. Special thanks to IRAC. (Matter of Matzar Alvarado, 2/3/17)
BIA Holds Utah Conviction for Wrongful Appropriation Not an Aggravated Felony
Unpublished BIA decision holds conviction for wrongful appropriation under Utah Code Ann. 76-6-404.5 not an aggravated felony theft offense because record revealed respondent intended to temporarily use the property in question. Special thanks to IRAC. (Matter of Palau, 2/2/17)
CA7 Upholds Denial of Asylum to Ethiopian Petitioner Found to Have Knowingly Supported the OLF Terrorist Organization
The court held that the petitioner, who admitted to having provided material support to the OLF, did not demonstrate by clear and convincing evidence that she did not know, and should not reasonably have known, that the OLF was a terrorist organization. (S.A.B. v. Boente, 2/2/17)
BIA Solicits Amicus Briefs on Whether a CIMT Requires a Protected Class of Victims
The BIA is seeking amicus briefs on whether a crime involving moral turpitude requires a protected class of victims and, if so, whether animals may constitute a protected class of victims. Briefs are due by 3/6/17.
CA4 Defers to BIA’s Interpretation of “Date of Admission” in Matter of Alyazji
The court denied the petition for review, holding that the BIA’s interpretation in Matter of Alyazji of the phrase “the date of admission” in INA §237(a)(2)(A)(i) was reasonable and entitled to Chevron deference. (Sijapati v. Boente, 2/1/17)
Law Student Perspective: An Indiana Law Student’s Perspective of a Pence-Influenced Immigration Policy
AILA law student member Kristen Coffey offers her insight on upcoming changes to immigration policy under the Trump/Pence administration.
Documents Relating to Oregon Case Challenging Trump's Executive Order Targeting Muslim-Majority Countries (Unite Oregon v. Trump)
Unite Oregon filed a lawsuit in federal court seeking a declaration that the executive order is unconstitutional as applied to lawful immigrants, nonimmigrant, and refugees detained or interrogated at the Portland International Airport and an injunction. (Unite Oregon v. Trump, 2/1/17)