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
EOIR Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
EOIR final rule eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by aircraft. The rule is effective 1/13/17 and comments are due 3/20/17. (82 FR 4771, 1/17/17)
Why All the Worry Over Senator Sessions as Attorney General?
The veterans among us know all too well the vast power that the Attorney General of the United States (AG) has in immigration matters, but for those who are new to the practice of immigration law, or just interested members of the press or public, here is a primer on the power of this office […
CBP Releases Muster on Changes to Parole and Expedited Removal Policies Specific to Cuban Nationals
CBP released a muster on changes to parole and expedited removal policies specific to Cuban Nationals, after DHS rescinded the parole policy for arriving Cuban nationals, commonly known as “wet-foot/dry-foot” and the Cuban Medical Professionals Parole Program, effective immediately.
CBP Releases Memo on Changes and Expedited Removal Policies Specific to Cuban Nationals
CBP released a memo with guidance on the announcement of changes to several DHS policies and regulations affecting Cuban nationals, including the rescission of the parole policy for arriving Cuban nationals and the Cuban Medical Professionals Parole Program.
USCIS Provides Guidance for Fee Exemptions for Form I-765 with DACA Requests
USCIS provides guidance for filing for an exemption from the filing fee for a Form I-765 when filed with a request for Consideration of Deferred Action for Childhood Arrivals.
DHS OIG Issues Report Finding that DHS Lacks Oversight of Use of Force by Law Enforcement Officers (Redacted)
DHS OIG released a report stating that DHS has not done enough to minimize the risk of improper use of force by law enforcement officers. DHS employs approximately 80,000 law enforcement officers whose positions allow for the use of force as part of their duties.
BIA Adopts Uniform Definition of a “Conviction” for Purposes of the Adam Walsh Act
The BIA held that, for purposes of the Adam Walsh Act, a U.S. citizen or LPR petitioner has been “convicted” of an offense where there has been an adjudication or admission of guilt or responsibility and the imposition of a punishment. Matter of Calcano De Millan, 26 I&N Dec. 904 (BIA 2017)
DHS Fact Sheet: Changes to Parole and Expedited Removal Policies Affecting Cuban Nationals
DHS announced that on 1/12/17, it eliminated a special parole policy for arriving Cuban nationals, as well as the Cuban Medical Professional Parole Program. Also, effective 1/12/17, Cuban nationals apprehended at ports of entry or near the border may be placed in expedited removal proceedings.
Joint Statement of the United States and Cuba on Changes to Migration Relationship with Cuba
Joint statement signed by the United States and Cuba outlining changes to how the United States will treat arriving Cuban nationals and Cuban nationals in removal proceedings in an effort to normalize migration relations between the two countries.
CA9 Says INA §212(h) Waiver Authority Cannot Excuse Convictions That Bar INA §240A(b) Cancellation Relief
The court held that the waiver of inadmissibility authority provided in INA §212(h) does not nullify a conviction that disqualifies a noncitizen from cancellation of removal under INA §240A(b). (Guerrero-Roque v. Lynch, 1/9/17)
Statement by Secretary Johnson on the Continued Normalization of the Migration Relationship with Cuba
DHS issued a statement that Cuban nationals who attempt to illegally enter the United States will be subject to removal. The Cuban Medical Professional Parole program has so been ended, and Cuba has agreed to begin to accept to return of Cuban nationals who have been ordered removed.
CA7 Affirms Denial of Asylum to Petitioner Who Claimed He Would Face Persecution by Gangs in El Salvador
The court affirmed the BIA’s denial of asylum, finding that the petitioner did not present evidence supporting his argument that, as a long‐time resident of the United States, he would be perceived in El Salvador as wealthy and face persecution by gangs if removed. (Rivera v. Lynch, 1/12/17)
H.R. 496: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Mike Coffman (R-CO), Luis Gutierrez (D-IL), Carlos Curberlo (R-FL), Lucille Roybal-Allard (R-FL), Jeff Denham (R-CA), Zoe Lofgren (D-CA), Ileana Ros-Lehtinen (R-FL), and Judy Chu (D-CA), introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy" (BRIDGE Act).
S. 128: Bar Removal of Immigrants Who Dream and Grow the Economy
On 1/12/17, Senators Lindsey Graham (R-SC), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), Jeff Flake (R-AZ), Chuck Schumer (D-NY), and Kamala Harris (D-CA) introduced the "Bar Removal of Immigrants Who Dream and Grow the Economy," or BRIDGE Act.
BIA Holds New Jersey Possession With Intent to Distribute Near School Not an Aggravated Felony
Unpublished BIA decision holds that possession of controlled dangerous substance with intent to distribute within 1,000 feet of school property under NJSA 2C:35-7 not an aggravated felony under INA 101(a)(43)(B). Special thanks to IRAC. (Matter of C-E-L-, 1/12/17)
Practice Alert: Engaging with ICE Community Relations Officers (CROs)
On January 10, 2017, ICE posted the contact information for its new Community Relations Officers (CRO). The ICE Liaison Committee encourages AILA chapters and members to build working relationships with these CROs in order to resolve issues of concern at the local level.
BIA Holds Colorado Third Degree Assault Not a CIMT
Unpublished BIA decision reopens proceedings sua sponte in light of arguments that third degree assault under Colo. Rev. Stat. 18-3-204 is not a CIMT. Special thanks to IRAC. (Matter of S-B-D-, 1/11/17)
CA5 Says Arizona Conviction for Attempted Transportation of Marijuana for Sale Is an Aggravated Felony
The court held that Ariz. Rev. Stat. §13-3405(A)(4), under which petitioner was convicted for attempted transportation of marijuana for sale, is divisible, and that the modified categorical approach confirmed that he was convicted of an aggravated felony. (Ibanez-Beltran v. Lynch, 1/11/17)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 1/1/17 and ending 3/31/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.44 per centum per annum. (82 FR 3074, 1/10/17)
CA7 Says Parent of Three U.S. Citizen Children Not Eligible to Seek Deferred Action
The court dismissed the petition for review, holding that because DHS “is committed to the ruling by the Fifth Circuit in Texas v. United States” which upheld a preliminary injunction against the implementation of DAPA, the petition was moot. (Robledo-Soto v. Lynch, 1/10/17)
CRS Report on Sanctuary Jurisdictions
The Congressional Research Service provides a report describing ICE’s Criminal Alien Programs and the resources dedicated to immigration interior enforcement programs and sanctuary jurisdictions. The report also includes incarceration data at federal, state, and local levels of criminal aliens.
BIA Solicits Amicus Briefs on the Material Support Bar
The BIA is looking for amicus curiae briefs on the question of whether the word “material” in INA §212(a)(3)(B)(iv)(VI) has an independent meaning and assuming there is a de minimis exception to the material support bar, does that exception apply to contributions of money. Briefs are due by 2/8/17.
CA5 Says Arkansas Controlled Substance Statute Is Divisible
The court held that the Arkansas statute under which the petitioner was convicted for manufacturing, delivering, or possessing with the intent to manufacture or deliver a controlled substance is divisible under Mathis v. United States. (Flores-Larrazola v. Lynch, 1/6/17)
BIA Hold California Battery Statute Not a CIMT
Unpublished BIA decision held that battery under Cal. Penal Code 242 is not a CIMT because it requires neither force capable of hurting or causing injury nor violence. Special thanks to IRAC. (Matter of Cruz, 1/6/17)
CA7 Upholds Denial of Asylum to Liberian Citizen Alleged to Have Provided Material Support to Terrorist Organization
The court held that BIA and IJ did not err in finding they lacked jurisdiction to consider petitioner’s §13 application for adjustment, and found that BIA did not err in concluding that petitioner provided material support to a terrorist organization in Liberia. (Jabateh v. Lynch, 1/5/17)