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
Immigration Court Practice Manual (Updated 12/1/16)
EOIR provides an updated Immigration Court Practice Manual (updated on 12/1/16). The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
BIA Says Cuban Parolee Is Not Eligible to Adjust Status Under INA §209
Where the respondent was paroled into the U.S. with an Arrival/Departure Record stamped “Cuban/Haitian Entrant (Status Pending)” indicating his entry was for “Cuban Asylum,” the BIA found he was ineligible to adjust status under INA §209. Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016)
Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases
The Appleseed Network released a resource to help new and experienced attorneys, which provides an overview of immigration court proceedings, as well as specific sections on working with clients in detention, working with DHS and DOJ, and reporting immigration judge and DHS attorney misconduct.
AILA ICE Liaison Committee Meeting Q&As (12/1/16)
AILA ICE Liaison Committee questions and answers from the 12/1/16 liaison meeting with ICE, including information on communication with local OCC, delayed service, detention, access to counsel, ISAP, U visa applicants, bond, detainers, and parole.
ICE Performance-Based National Detention Standards (2016)
A 2016 version of ICE’s Performance-Based National Detention Standards, which establish consistent conditions of confinement, program operations, and management expectations within ICE’s detention system. Includes a summary of the 2016 changes made to the 2011 version.
EOIR Proposed Rule on Denials of Suspension of Deportation and Cancellation of Removal
Proposed EOIR rule allowing IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. Comments are due by 1/30/17. (81 FR 86291, 11/30/16)
TRAC Report Finds Immigration Now Accounts for 52 Percent of All Federal Criminal Prosecutions
This TRAC report finds that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent of all federal prosecutions in FY2016. Immigration prosecutions totaled 69,636 during FY2016, compared with 63,405 prosecutions for all other federal crimes.
CA9 Upholds BIA’s Refusal to Consider Adjustment of Status Petition of Peruvian Who Fraudulently Entered Under the VWP
In an issue of first impression, the court held that a noncitizen who fraudulently enters the United States under the Visa Waiver Program (VWP) is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. (Riera-Riera v. Lynch, 11/28/16)
BIA Holds Obstructing Official Business in Ohio Not a CIMT
Unpublished BIA decision holds that obstructing official business under Ohio Rev. Code 2921.31(A) is not a CIMT. Special thanks to IRAC. (Matter of Moreno, 11/28/16)
Offering the Community Your Expertise Post-Election
There is fear in our communities. In the days following the presidential election, I heard from a lot of people who want to help, but aren't sure exactly how. Though there are many ways to get involved, I want to offer an example of how a fellow AILA member and I volunteered a couple of […]
BIA Dismisses False Claim to Citizenship Charge
Unpublished BIA decision dismisses charge that respondent made false claim to U.S. citizenship when applying for New Mexico driver’s license because lawful status was not required to obtain such a license. Special thanks to IRAC. (Matter of Melendez Manriquez, 11/25/16)
USCIS Policy Memo on Discretionary Options for Spouses, Parents, and Children of Certain Military Personnel, Veterans, and Enlistees
USCIS policy memo with guidance on discretionary options for certain noncitizen family members of individuals serving on active duty in the U.S. Armed Forces or in the Selected Reserve of the Ready Reserve, as well as for certain noncitizen family members of other military personnel and veterans.
Statement by DHS Secretary Johnson on the Resumption of Removals to Haiti
DHS statement that removals of Haitian nationals have resumed after removal flights were suspended due to Hurricane Matthew on 10/4/16. In the last several weeks ICE has removed over 200 Haitian nationals and plans to significantly expand removal operations in the coming weeks.
BIA Holds Texas Burglary of a Vehicle Not a CIMT
Unpublished BIA decision holds that burglary of a vehicle under Tex. Penal Code 30.04 is not a CIMT because offenders may intend to commit non-turpitudinous crime. Special thanks to IRAC. (Matter of Davila, 11/23/16)
District Court Orders ORR to Release Unaccompanied Minor from Custody Finding Due Process Violations
The U.S. District Court for the Eastern District of Virginia granted the petition for a writ of habeas corpus, holding that the Office of Refugee Resettlement's family reunification procedures did not afford petitioner and her unaccompanied child due process. (Beltrán v. Cardall, 11/22/16)
DHS Response to AILA Letter on the Current Situation in Haiti
DHS sent a response to an AILA and Council letter regarding the removal of Haitian nationals to Haiti, TPS and redesignation for Haitian nationals, and the Haitian Family Reunification Parole Program. The letter notes that almost 60,000 Haitians in the United States currently have TPS.
CA7 Rejects Cancellation of Removal Applicant’s Contention That IJ Improperly Excluded Evidence and Failed to Develop the Record
The court upheld the BIA, finding that, based on the record, the petitioner could not contend that the IJ failed to develop the record by not asking more questions, and that the IJ did not improperly exclude evidence that was central to petitioner’s case. (Perez-Fuentes v. Lynch, 11/22/16)
With the Stroke of a Pen: What Executive Branch Actions Can President-elect Trump “Undo” on Day One?
A Congressional Research Service (CRS) Legal Sidebar that discusses what executive branch actions President-elect Donald Trump can unilaterally and immediately revoke. Report discusses executive orders, discretionary agency directives and guidance documents, and agency rules and regulations.
BIA Finds Virginia Online Solicitation Statute Not Sexual Abuse of a Minor
Unpublished BIA decision finds conviction under Va. Code Ann. 18.2-374.3 does not qualify as “sexual abuse of a minor” because subsections (C) and (E) criminalize the solicitation of adults posing as minors. Special thanks to IRAC. (Matter of W-K-H-, 11/22/16)
CA1 Rejects Rule Prohibiting Government from Subjecting to Mandatory Detention Class Members Not Detained by DHS Within 48 Hours
The court held that a class-wide, bright line rule prohibiting the government from subjecting to mandatory detention any class member who was not taken into immigration custody within 48 hours of release from non-DHS custody was inconsistent with prior opinions. (Gordon v. Lynch, 11/21/16)
CBP Opens West Texas Facility to Process Border Crossers
CBP announced that in response to an upsurge in border crossers along the Southwest border, it has opened the Tornillo-Guadalupe, Texas, Temporary Holding Facility. The facility, at the CBP Tornillo-Guadalupe Port of Entry, can hold up to 500 people and will be in place for 30 days.
ICE Provides Final Settlement Information Regarding Telephone Access in Immigration Detention
ICE provided information regarding a final settlement in Lyon, et al. v. ICE, et al. on telephone access for all current and future adult immigration detainees who are or will be held by ICE in Contra Costa County, Kern County, Sacramento County, or Yuba County.
DHS Withdraws Appeals of Order Terminating Proceedings Against Former UNNJ Student
Unpublished BIA decision notes the withdrawal of a DHS appeal challenging a decision terminating proceedings against a former student at the fake University of Northern New Jersey for being present in violation of law. Special thanks to IRAC. (Matter of Kasim Reddy, 11/18/16)
CBP Issues Guidance on the Form I-212 Fee Increase
CBP issued guidance on the fee increase for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, effective 12/23/16.
Highlights from EOIR Stakeholder Meeting (11/17/16)
AILA’s EOIR Liaison committee provides the following updates from the 11/17/16 EOIR stakeholder meeting: use of electronics in EOIR space, consistency in the application of the ICPM, and applications for suspension of deportation/cancellation of removal in non-detained cases.