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
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.
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)
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.
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.
CA6 Says It Lacks Jurisdiction to Review BIA Removal Order Where Appeal Was Filed After 30 Days
Where the BIA had remanded the record for the sole purpose of allowing petitioner to apply for voluntary departure, the court held that it lacked jurisdiction to review the BIA's 2013 removal order, because that decision was “final” for the purposes of appellate review. (Hih v. Lynch, 2/9/16)
BIA Says Endangering the Welfare of a Child in New York Is Categorically a Crime of Child Abuse
The BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law is categorically a "crime of child abuse, child neglect, or child abandonment" under INA §237(a)(2)(E)(i). Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016)
Public Law 114-119, Megan's Law
Public Law 114-119, International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders, signed on 2/8/16 by President Obama, expanded the definition of specified offense against a minor under the Adam Walsh Act.
BIA Reverses Adverse Credibility Finding in Domestic Violence Asylum Case
Unpublished BIA decision reverses the IJ’s adverse credibility determination and remands to assess whether the respondent, a victim of domestic violence, established past persecution or a well-founded fear of persecution on account of membership in a PSG. Special thanks to Thomas E. Fulghum.
AILA Statement to House Judiciary on Protecting Children, Families, and Other Border Arrivals
AILA submitted a statement to the House Judiciary Subcommittee on Immigration and Border Security for the 2/4/16 hearing “Another Surge of Illegal Immigrants Along the Southwest Border: Is This the Obama Administration's New Normal?”
Case Stories Needed for SCOTUS Amicus on Categorical Approach
Immigration advocacy organizations seek stories to include in an amicus brief in Mathis v. United States, a categorical approach case likely to decide what renders a statute of conviction divisible and subject to modified categorical approach for determining immigration consequences.
CA7 Upholds Discretionary Decision to Deny Extreme Hardship Waiver to Bosnian Refugee
The court held that it lacked jurisdiction to review the BIA's discretionary decision to deny a waiver to the petitioner, a Bosnian refugee who obtained refugee status by fraud, on the ground that his removal would cause extreme hardship for his U.S. citizen wife. (Jankovic v. Lynch, 2/3/16)
EOIR Revises Docketing Practices Related to Certain Priority Cases
EOIR released a memorandum, titled Revised Docketing Practices Relating to Certain EOIR Priority Cases, to provide guidance to immigration judges regarding changes to the agency docketing priorities since the 7/18/14 announcement regarding new priority case groups.