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
CA7 Grants Withholding of Removal to Woman Who Fears FGM in Botswana
The court held that substantial evidence did not support the BIA's conclusion that petitioner likely would not be subjected to female genital mutilation (FGM) if she were removed to Botswana, in light of petitioner's credible testimony that her family practiced FGM. (Musa v. Lynch, 2/19/16)
CA8 Upholds CAT Denial Where Petitioner Failed to Show She Would Likely Be Tortured in Haiti
The court upheld the BIA's denial of the petitioner's application for CAT relief, finding that the BIA did not err in concluding that the petitioner failed to show that she would more likely than not be tortured if removed to Haiti. (Mervil v. Lynch, 2/19/16)
BIA Grants Adjustment Application Despite Allegation of Visa Fraud
Unpublished BIA decision reverses discretionary denial of adjustment application upon finding that positive equities outweighed alleged involvement in fraudulent petition for a religious visa. Special thanks to IRAC. (Matter of Mirza, 2/19/16)
BIA Reopens Proceedings After Filing of U Visa Application
Unpublished BIA decision reopens and remands proceedings after filing of U visa application by respondent’s spouse. Special thanks to IRAC. (Matter of Rosales De La Cruz, 2/18/16)
BIA Holds Adjustment Always Qualifies as “Admission” Under INA §237(a)(1)(H)
Unpublished BIA decision holds that adjustment of status always qualifies as an “admission” for purposes of seeking a waiver under INA §237(a)(1)(H), stating that contrary Fifth Circuit finding was limited to INA §212(h). Special thanks to IRAC. (Matter of Picazo, 2/18/16)
Sign-on Letter to DHS on Enhancing Due Process for Refugees
On 2/18/16, AILA joined immigrants’ rights, civil rights, human rights, faith-based, and legal service providers in urging Department of Homeland Security to enhance due process for Central American refugees and stop the raids.
AILA Quicktake #155: Updates on Supreme Court DACA/DAPA Case
American Immigration Council's Director of Policy Beth Werlin discusses how U.S. Supreme Court Justice Antonin Scalia's death might impact the upcoming case on Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA).
CA4 Says BIA May Not Summarily Disregard Nunc Pro Tunc Adoption Decrees
The court held that the term "adopted" found in INA §101(b)(1)(E)(i) is not ambiguous under Chevron, and thus that the BIA's policy of summarily disregarding nunc pro tunc orders relating to adoptions conducted in U.S. state courts is not entitled to deference. (Ojo v. Lynch, 2/16/16)
TRAC Data Shows Average Wait Time in Immigration Court Has Risen to 667 Days
A TRAC analysis found that, as of the end of January 2016, open cases in U.S. immigration courts have been waiting for an average of 667 days, a new high. This is 3.7 percent longer than the average wait time of 643 days at the end of FY2015, and 17.6 percent longer than at the end of FY2014.
CA2 Says BIA Failed to Provide Sufficient Basis for Rejecting IJ's Findings
The court held that, although BIA recognized its obligation to apply the “clear error” standard of review to IJ’s findings of fact, it erred in its application of that standard and provided an insufficient basis for finding IJ's determinations to be clearly erroneous. (Lin v. Lynch, 2/11/16)
Letter to Secretary Johnson Opposing Priority Enforcement Program
A 2/11/16 letter from Senator Bernie Sanders (I-VT) and Representative Raul Grijalva (D-AZ) to Department of Homeland Security Secretary Jeh Johnson express concern over the Priority Enforcement Program.
CA5 Reaffirms That "Aliens Whose Removal Orders Are Reinstated" May Not Apply for Asylum
The court denied the petition for rehearing en banc, reaffirming that INA §241(a)(5)'s "plain language, relevant regulations, and analogous case law" compel the conclusion that asylum is not available as relief to individuals found guilty of illegal reentry. (Ramirez-Mejia v. Lynch, 2/11/16)
AILA Welcomes Introduction of Access to Counsel Legislation
AILA welcomed the introduction of the “Fair Day in Court for Kids Act of 2016” AILA President Victor Nieblas Pradis noted, “This legislation would go a long way toward ensuring a measure of fairness and due process in the immigration system for the most vulnerable.”
AILA/KIND Fact Sheet: Most Recent Data on Children and Families in Immigration Court
AILA and Kids in Need of Defense (KIND) provide a factsheet with statistics on representation and removal of unaccompanied children and families.
S. 2540: Fair Day in Court for Kids Act of 2016
On 2/11/16, Democratic Senate Minority Leader Harry Reid (NV), introduced the Fair Day in Court for Kids Act of 2016 (S. 2540), which mandates that unaccompanied children and vulnerable immigrants receive legal representation.
AILA Quicktake #154: Fair Day in Court for Kids Act Introduced
AILA's Director of Advocacy Greg Chen shares details on the bill introduced in the Senate that would provide access to counsel to children, families, and other vulnerable populations facing deportation. He also discusses hearings on EB-5 and AILA's upcoming National Day of Action.
Section-By-Section Summary of Senate Bill: Fair Day in Court for Kids Act of 2016
A section-by-section summary of the Fair Day in Court for Kids Act of 2016 introduced by Senator Harry Reid (D-NV) on 2/11/16. The bill would mandate that unaccompanied children and vulnerable immigrants receive legal representation.
Audio from Telebriefing on Access to Counsel - A Critical Need for Immigrant Children, Families, Asylum Seekers
AILA hosted a telebriefing for press for a discussion of the “Fair Day in Court for Kids Act” legislation and next steps.
CA1 Says Petitioner Failed to Show He Entered into Marriage in Good Faith
The court held that the decisions of the IJ and the BIA concluding that petitioner failed to carry his burden of proof to establish that his marriage was bona fide were supported by substantial evidence. (Valdez v. Lynch, 2/10/16)
Handwritten Letter from Thirty Mothers Held at Berks Family Detention Center
Thirty mothers detained with their children at the Berks Family Detention Center wrote a letter to the media pleading for their freedom; the letter is in Spanish, an English translation is available.
Families Detained for Months on End Plead for Their Freedom
Thirty mothers detained with their children at the Berks Family Detention Center in Pennsylvania wrote a letter to the media pleading for their freedom. The mothers write that they came to the U.S. seeking refuge, and that they want their prolonged and cruel detention to be known.
New Mexico Senators Urge the President to Suspend Removals of Central American Families
On 2/10/16, Senators Tom Udall and Martin Heinrich of New Mexico asked President Obama to suspend immigration removal actions against children and families from Central America.
Senate Resolution Regarding Operation Streamline
On 2/10/16, the Senate Committee on Homeland Security and Governmental Affairs voted in favor of the resolution in an 8 to 7 vote.
BIA Rescinds In Absentia Order Due to Erroneous Legal Advice
Unpublished BIA decision rescinds in absentia order where attorney erroneously advised respondent not to attend hearing because he had submitted a motion to change venue. Special thanks to IRAC. (Matter of Cun, 2/10/16)
Eight of Twelve Families Targeted by ICE Have Been Released
After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight families rounded up by ICE at the beginning of January have finally been released from detention while their cases proceed.