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 Administratively Closes Proceedings Pending Direct Appeal of Criminal Conviction
Unpublished BIA decision administratively closes proceedings pending outcome of respondent’s direct appeal of criminal conviction forming sole basis for removability. Special thanks to IRAC. (Matter of Peralta, 6/29/15)
CA1 Says Padilla Does Not Make Removal Punitive
The court held that Padilla’s description of deportation as "an integral part…of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes" does not implicate the 8th Amendment's prohibition on cruel and unusual punishment. (Hinds v. Lynch, 6/24/15)
CA7 Finds Defendant May Withdraw Guilty Plea upon Belated Discovery of Deportation Threat
The court held that a defendant, upon belated discovery of a deportation threat about which his counsel failed to warn him, may choose to withdraw a guilty plea and instead seek a trial. (DeBartolo v. United States, 6/26/15)
Supreme Court Holds Imposing Increased Sentence Under ACCA Violates Due Process
The Supreme Court held that imposing an increased sentence under the Armed Criminal Career Act (ACCA) violates due process, because the ACCA’s residual clause defining "violent felony" is unconstitutionally void for vagueness. (Johnson v. United States, 6/26/15)
A Guide to Children Arriving at the Border: Laws, Policies and Responses
The American Immigration Council updated its guide on unaccompanied children, which was first issued in summer 2014. It provides information about the tens of thousands of children who have fled their homes in Central America and arrived at the southern border.
BIA Upholds Suspension of Attorney Who Engaged in Conduct Prejudicial to Administration of Justice
The BIA held that an attorney who enlisted his legal assistant to impersonate him during multiple telephonic appearances before immigration judges was properly suspended from practice for 16 months and from telephonic appearances for 7 years. Matter of P. Singh, 26 I&N Dec. 623 (BIA 2015)
Public Version of Complaint to CRCL
Public version of CRCL Complaint with ten individual case summaries documenting in detail the traumatic psycho-social impact of detention on mothers and children seeking asylum.
BIA Reopens Proceedings for Respondent to Seek Provisional Waiver
Unpublished BIA decision reopens and remands proceedings for consideration of respondent's request for administrative closure to apply for an I-601A provisional waiver of unlawful presence. Special thanks to IRAC. (Matter of Barrientos-Vivas, 6/25/15)
BIA Reopens Proceedings Sua Sponte After Respondent's Spouse Was Granted U Status
Unpublished BIA decision reopens proceedings sua sponte in light of the respondent's eligibility to adjust status under INA §245(m)(3) after his spouse was granted U nonimmigrant status. Special thanks to IRAC. (Matter of Meraz, 6/25/15)
AILA Files Amicus Brief with BIA Arguing Oregon Menacing Statute Not CIMT
On 6/25/15, the AILA Amicus Committee filed an amicus brief with the BIA. The brief argues that apprehension-only simple assaults like those proscribed under Oregon’s menacing statute, requiring no physical contact of any kind, do not categorically constitute crimes involving moral turpitude (CIMT).
BIA Upholds Administrative Closure to Seek Provisional Unlawful Presence Waiver
Unpublished BIA decision denies DHS's interlocutory appeal challenging the administrative closure of respondent's removal proceedings to allow the respondent to seek an I-601A provisional waiver of unlawful presence. Special thanks to IRAC. (Matter of Govea, 6/24/15)
Statement by DHS Secretary Jeh Johnson on Family Detention
Statement by DHS Secretary Johnson, “… we must make substantial changes in our detention practices... In short, once a family has established eligibility for asylum or other relief under our laws, long-term detention is an inefficient use of our resources and should be discontinued.”
AILA Quicktake #129: Sec. Johnson Announcement on Family Detention
AILA President Victor Nieblas Pradis reacts to Secretary of Homeland Security Jeh Johnson's announcement on ICE's changes to family detention.
AILA: DHS Plans on Family Detention Are a Step Forward
AILA President Victor Nieblas Pradis welcomed newly announced DHS plans relating to family detention but said, “more is needed…Asylum seeking families should be given due process, not expedited removal. And the end of the road must be the end of family detention entirely.”
CA9 Says Regulatory Departure Bar Invalid Regardless of How Noncitizen Departed U.S.
The court held that the regulatory departure bar is invalid irrespective of how the noncitizen departed the U.S., and that the IIRIRA’s text makes clear the statutory right to file a motion to reopen or reconsider is not limited by whether the individual had departed. (Toor v. Lynch, 6/17/15)
CA1 Upholds BIA’s Denial of §212(h) Waiver
The court denied petitioner’s motion to reopen, where BIA determined that petitioner’s introduction of new evidence, in light of his criminal history, would not have entitled petitioner to the discretionary grant of relief which he sought. (Mazariegos v. Lynch, 6/24/15)
ICE Statement on Family Detention Centers
KSAT reports that ICE issued a statement on family detention centers, maintaining its position that family residential centers "are an effective and humane alternative for maintaining family unity as families go through immigration proceedings or await return to their home countries."
AILA: ICE Statement on Family Detention Ignores the Tragic Reality
AILA President Victor Nieblas Pradis responded to a recent statement on family detention from Immigration and Customs Enforcement (ICE) saying "In all my 19 years of experience as an immigration attorney, I have never heard a federal agency rewrite history to this extent."
35 Representatives Call for an End to Detention of LGBT Immigrants
A 6/23/15 letter to DHS Secretary Jeh Johnson from 35 members of the House of Representatives, calling on the administration to end to the detention of LGBT immigrants.
AILA Presents Laura Lichter and Stephen Manning with the Founders Award
AILA will award Laura Lichter, of Lichter Immigration, Denver, CO, and Stephen Manning, of Immigrant Law Group, PC, Portland, OR, with the Founders Award, which is given from time to time to the person or entity having the most substantial impact on the field of immigration law or policy.
AILA Quicktake #128: ICE FAQs Released
This week, the Immigration and Customs Enforcement released FAQs regarding civil enforcement priorities and prosecutorial discretion. AILA Associate Director of Liaison Kate Voigt discusses what the FAQs address and what to expect next.
CA3 Orders Return of Guatemalan Petitioners to United States
The court ordered the government to use its best efforts to intercept petitioners when they landed in Guatemala City and to return them to the United States immediately, and granted petitioners a stay of removal upon their return. (Sutuc v. Att’y Gen, 6/19/15)
ICE Memo with Guidance on Treatment of Transgender Detainees
A 6/19/15 memo from Thomas Homan with guidance on how to care for transgendered individuals in custodial settings. Memo addresses data systems, identification and processing, and housing placements. Memo complements existing ICE/DHS policies and standards, including the DHS PREA Standards.
AILA ICE Liaison Committee Meeting Q&As (6/19/15)
AILA ICE Liaison Committee questions and answers from the 6/19/15 liaison meeting with ICE, including information on DHS enforcement priorities, prosecutorial discretion, DACA, reinstatement of removal, orders of supervision, ICE interaction with DMVs, bond, biometrics, and family detention.
BIA Grants Interlocutory Appeal Challenging Change of Venue
Unpublished BIA decision grants interlocutory appeal challenging grant of DHS motion to change venue because respondent had already retained local counsel and IJ did not provide reasonable opportunity to respond to motion. Special thanks to IRAC. (Matter of Khalatyan, 6/19/15)