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
BIA Says Conviction for Sale or Disposal of a Firearm to a Convicted Felon Is Not an Aggravated Felony
Unpublished BIA decision finds that a conviction for sale or disposal of a firearm to a convicted felon under 18 USC §922(d) (1) is not an aggravated felony under INA §101(a)(43)(B). Courtesy of David Vedder. (Matter of Gjergji, 12/15/16)
ICE ERO Directive on Assessment and Accommodations for Detainees with Disabilities
On 12/15/16, ICE Enforcement and Removal Operations (ERO) issued Directive 11071.1, which establishes policies and procedures to oversee and communicate with detention facilities on the identification, assessment, and accommodation of detainees with disabilities. Obtained via FOIA by CREEC.
AILA Notes from SCOPS Teleconference (12/14/16) (Updated 1/31/17)
AILA notes from a teleconference with SCOPS on 12/14/16. On 1/31/17, SCOPS provided an amended response to question 5, EAD Adjudications. This question focuses on I-765s affected by the new changes that went into effect on 1/17/17.
Immigration Policy Update: Senators Introduce Starkly Different Bills on DREAMers
AILA issued an immigration policy update to provide information on the BRIDGE Act (S. 3542) and the SAFE Act (S. 3546), two starkly different bills on DREAMers.
Immigration Court Practice Manual (Updated 12/14/16)
EOIR provides an updated Immigration Court Practice Manual (updated on 12/14/16). The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
AILA Quicktake #184: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Chair Heather Prendergast provides updates from the committee’s 12/1/16 meeting with ICE and shares how the committee is preparing for the new administration.
CA1 Says IJ Has Jurisdiction to Examine Bona Fides of Marriage of Petitioner with Approved I-130 Petition
The court held that when USCIS has approved an I-130 visa petition based on a noncitizen’s marriage to a U.S. citizen, the immigration court, in a parallel removal proceeding, has jurisdiction to inquire into the bona fides of the anchoring marriage. (Chan v. Lynch, 12/13/16)
TRAC Report Finds Denials of Asylum by IJs Continued to Rise in FY2016
This TRAC report found that, as of the end of September 2016, overall asylum denial rates for FY2016 had risen to 57 percent. The report also found that, over the last ten years, the unrepresented proportion of asylum cases decided had grown from 13 percent to 20 percent.
BIA Says an Untimely Asylum Application Can Be Found Frivolous Under INA §208(d)(6)
The BIA held that an untimely asylum application may be found frivolous, and concluded respondent’s asylum application was frivolous because he deliberately made a false statement postdating his date of entry into the U.S. by more than two years. Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)
BIA Remands Because Replacement IJ Failed to State That He Familiarized Himself with Record
Unpublished BIA decision remands case because replacement IJ who signed decision failed to state that he familiarized himself with the record after hearing conduct by original IJ, as is required under 8 CFR 1240.1(b). Special thanks to IRAC. (Matter of V-R-, 12/13/16)
BIA Holds Arizona Statute Broader than Federal Schedule of Controlled Substances
Unpublished BIA decision holds that Ariz. Rev. Stat. 13-3407 is neither an aggravated felony nor a controlled substances offense because state definition of “dangerous drug” is broader than federal definition of “controlled substance.” Special thanks to IRAC. (Matter of Lopez, 12/12/16)
BIA Reopens Proceedings Sua Sponte, Holds Florida Theft Not a CIMT
Unpublished BIA decision reopens and terminates proceedings sua sponte against respondent ordered removed in 2009 upon finding theft under Fla. Stat. 812.014 is not a CIMT under intervening Supreme Court decision in Descamps. Special thanks to IRAC. (Matter of Hernandez, 12/27/16)
BIA Holds Federal Conversion Statute Not an Aggravated Felony
Unpublished BIA decision holds that conversion of public money under 18 U.S.C. 641 not an aggravated felony under INA 101(a)(43)(M)(i) because offense does not require fraud or deceit. Special thanks to IRAC. (Matter of Pazi-Alvarez, 12/12/16)
AILA Quicktake #183: BRIDGE and SAFE Acts
AILA's Director of Advocacy Greg Chen shares updates on the BRIDGE and SAFE Acts introduced in Congress on Friday and provides details on the continuing resolution passed to fund the federal government through April 28, 2017.
Money on the Table: The Economic Impact of Ending DACA
Report by the Immigrant Legal Resource Center (ILRC) estimating the fiscal cost of ending DACA over ten years. The calculations include the reductions in Social Security and Medicare contributions and the unnecessary turnover costs for businesses.
Senator Graham and Senator Durbin’s Press Release on S. 3542: BRIDGE Act
On 12/9/16, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) issued a press release introducing S. 3542: Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act.
S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) introduced the Securing Active and Fair Enforcement Act, or SAFE Act, (S. 3546), which pairs the language of the BRIDGE Act with harsh mandatory detention and rapid 90-day removal requirements for certain people.
AILA Quicktake #182: Dispelling Rumors
As the Trump administration gears up for the transition, rumors about what could be in store for immigration have spread. AILA member Ian Wagreich shares a plan for determining fact from fiction.
EOIR to Relocate Phoenix Immigration Court
EOIR announced that it will temporarily close its Phoenix Immigration Court on 12/15/16 to prepare for relocation. It will recommence hearings at its new location on 12/20/16. Notice includes contact information for the new location.
Senator Flake’s Press Release on S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) issued a press release introducing S. 3546: Securing Active and Fair Enforcement Act, or SAFE Act.
CARA Family Detention Project Lauds Ruling to Deny Child Care Licensing to Immigration Detention Centers
The CARA Family Detention Project highlights Texas Judge Karin Crump’s ruling that childcare licenses could not be issued for the Karnes City and Dilley, Texas, family detention centers. While the government has appealed her decision, the CARA project partners call for the end to family detention.
CBP Opens Temporary Holding Facility in Donna, Texas
CBP statement on the opening a temporary holding facility near the Donna-Rio Bravo International Bridge in Donna, Texas to provide additional capacity of up to 500 people for unaccompanied children and family units in CBP custody at ports of entry and U.S. Border stations in the area.
Mayors Ask President-Elect Trump To Continue DACA
On 12/7/16, fourteen mayors joined Chicago Mayor Rahm Emanuel in sending President-elect Trump a letter to continue the DACA program, which protects DREAMers and grows the economy, until Congress modernizes America’s immigration system.
CA4 Says Petitioner’s Maryland Conviction for Third Degree Sex Offense Is Not an Aggravated Felony
The court granted the petition for review, holding that the petitioner’s conviction for “Third Degree Sex Offense” under Maryland Criminal Law Article § 3-307 did not qualify as the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43)(A). (Larios-Reyes v. Lynch, 12/6/16)
TRAC Report Finds Asylum Outcome Increasingly Depends on Judge Assigned
This TRAC report finds that, nationally, the average decision disparity in asylum cases worsened by 27 percent during the last six years. Overall, the median level of asylum decision disparity that asylum seekers face is now over 56 percentage points.