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
CBP Issues Memo on EOs 13767 and 13768 and the Secretary’s Implementation Directions of February 20, 2017
CBP released a redacted memo with the steps the Office of Field Operations will take to begin executing DHS implementation directions to ICE, CBP, and USCIS regarding EOs 13767 and 13768.
CBP Issues Memo on the SIGMA Release of 41 Enhancements
CBP issued an undated memo regarding changes to the SIGMA system to enhance data capture while assisting the Office of Field operations in reporting field office and local activities related to custody including the deferred inspection dashboard and ICE referrals regarding detention of individuals.
DOJ Memo: Rescission of Memorandum on Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons rescinding the memo dated 8/18/16 entitled “Reducing our Use of Private Prisons,” eliminating the review of private prison contracts at the end of their term.
DHS Provides Q&As Regarding DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States
DHS issued Q&As to answer Frequently Asked Questions on how the Department will operationally implement the guidance provided by the president’s Executive Order on Interior Enforcement.
AILA Quicktake #189: DHS Memos on Interior and Border Enforcement
AILA's Director of Advocacy Greg Chen provides details on two memos signed by DHS Secretary Kelly implementing President Trump's Executive Orders on interior and border enforcement.
AILA: Ramped Up Enforcement Will Trample Due Process and Harm Families and Communities
AILA condemned the recently released DHS memos that set forth a series of aggressive enforcement tactics to be rolled out on a massive scale. These policies, if implemented as written, will trample due process.
AILA Summary and Analysis of the DHS Memorandum on Border Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies.” This memorandum implements President Trump's Executive Order on border enforcement.
DHS Fact Sheet: Executive Order: Border Security and Immigration Enforcement Improvements
DHS issued a fact sheet on the Executive Order on Border Security, outlining both the authorities and the actions taken by the memo.
DHS Fact Sheet: Executive Order: Enhancing Public Safety in the Interior of the United States
DHS issued a fact sheet on the Executive Order on Interior Enforcement, outlining both the authorities and the actions taken by the memo. Fact sheet states, “Effective immediately… Department personnel shall faithfully execute the immigration laws of the United States against all removable aliens.”
ICE Memo on Implementing the President’s Border Security and Interior Immigration Enforcement Policies
Obtained via FOIA by ProPublica is an ICE memo implementing EO 13767 and EO 13768 on border security and interior enforcement with guidance stating “ERO officers will take enforcement action against all removable aliens….” Guidance also included on detention and parole policy, UACs, and more.
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.
DHS Released a Memo Implementing President Trump's Executive Order on Interior Enforcement
DHS issued a 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.
DHS Released a Memo Implementing President Trump's Executive Order on Border Enforcement
DHS issued a memorandum signed by DHS Secretary John Kelly implementing President Trump's Executive Order on Border Security and Immigration Enforcement Improvements that was signed on January 25, 2017.
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 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.
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.
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.
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)
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
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.