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
Former General and Chief Counsels Affirm Law Professor Letter on Presidential Authority to Exercise Discretion
A letter from former General Counsels of INS and former Chief Counsels of USCIS affirming that they agree wholeheartedly with the legal analysis and conclusions of law professors on the legal basis for granting certain noncitizens in the U.S. deferred action as a temporary reprieve from deportation.
BIA Finds Federal Computer Intrusion is Not a CIMT
Unpublished BIA decision finds computer intrusion under 18 U.S.C. 1030(a)(5)(A)(i) and (B)(i) is not a crime involving moral turpitude (CIMT). Special thanks to IRAC. (Matter of Makwana, 11/26/14)
BIA Finds Misdemeanor California False Imprisonment Is Not a CIMT
Unpublished BIA decision remands and finds misdemeanor false imprisonment under Cal. Penal Code 236 is not a CIMT under the categorical approach and that the statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of B-G-, 11/25/14)
BIA Finds Allegations in Affidavit Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision orders further consideration of motion to suppress upon finding allegations involving warrantless home entry by ICE agents constituted egregious Fourth Amendment violation. Special thanks to IRAC. (Matter of Espana, 11/25/14)
USCIS Additional Comment Period on Form I-212
USCIS 30-day notice of request for additional comments on Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. Comments are now due 12/24/14. (79 FR 69875, 11/24/14)
Legal Scholars Letter on President Authority to Exercise Discretion
A letter from 135 law professors on the legal basis for granting certain noncitizens in the United States “deferred action” status as a temporary reprieve from deportation.
TRAC Report Finds Unaccompanied Children Are Represented in One-Third of Cases
TRAC report finding that unaccompanied children are represented by an attorney in only about one-third (32%) of 63,721 cases pending in immigration court as of 10/3/14. For cases decided before FY2012, nearly 73% of children who were represented were allowed to remain in the U.S.
AIM: Artesia from a Distance
For November's Interview of the Month, member of AILA's Media Advocacy Committee and Artesia volunteer Dree Collopy discusses returning from Artesia and taking a case through merits for an Artesia client while being long-distance.
BIA Finds Alleged Facts Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision vacating and remanding, finding petitioner is entitled to a hearing in support of his motion to suppress evidence since the alleged facts regarding the unlawful search and seizure constitute an egregious violation of the Fourth Amendment. Courtesy of Jonathan S. Greene.
USCIS Additional Comment Period on Form I-690
USCIS 30-day notice of request for additional comments on Form I-690, Application for Waiver of Grounds for Excludability. Comments are now due 12/24/14. (79 FR 69873, 11/24/14)
CA4 Says Petitioner Who Falsely Claims Citizenship on Form I-9 Is Inadmissible
The court held that the petitioner falsely claimed to be a U.S. citizen on Forms I-9 in seeking the immigration benefit of private employment and is inadmissible under the false claim bar, and the BIA correctly affirmed that he is not eligible for adjustment. (Dakura v. Holder, 11/24/14)
AILA’s Take on President Obama’s Immigration Executive Action
AILA’s summary and analysis of President Obama’s “Immigration Accountability Executive Action” plan announced 11/20/14.
EOIR Swears in Two Immigration Judges
EOIR press release that Glen Baker has been sworn in as an Immigration Judge in the Salt Lake City Immigration Court and that Myrna Mesa has been sworn in as an Immigration Judge in the New Orleans Immigration Court.
CRS Report on Obama’s November 2014 Immigration Initiatives
Congressional Research Service (CRS) report on the Obama Administration’s November 2014 immigration initiatives. The report discusses what actions are being taken, legal authority and constraints, DACA, standing for challenging the initiatives, and historical precedent for the actions.
BIA Orders Further Consideration of Request for Continuance
Unpublished BIA decision orders further consideration of request for continuance because IJ voiced concerns about internal case completion goals without analyzing merits of respondent’s motion. Special thanks to IRAC. (Matter of Kharbach, 11/24/14)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (11/21/14)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 11/21/14. Topics include body cameras, use of force training, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
AILA/CBP Liaison Q&As (11/21/14)
Official questions and answers from the 11/21/14 AILA liaison meeting with CBP. Topics include body cameras, use of force training, temperatures at CBP detention facilities, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
DHS Memo on Parole for Families of U.S. Armed Forces Members and Enlistees
A 11/20/14 memo from DHS directing USCIS to issue new policies on use of parole-in-place and deferred action for certain family members of enlistees and the availability of deferred action to undocumented family members of U.S. military members and veterans who were inspected and lawfully admitted.
President Remarks on Executive Action on 11/21/14
The transcript of President Obama’s 11/21/14 remarks in Las Vegas, Nevada on his plans to use his executive authority to take action on immigration, including providing protection from deportation for parents of U.S. citizen and lawful permanent resident children.
AILA Quicktake #110: President Obama's Executive Action Announcement
AILA President Leslie Holman responds to President Obama's announcement on executive action, where is he is using his legal authority to protect millions of people from deportation and fix some other parts of our broken immigration system.
CA5 Finds BIA Abused its Discretion by Denying MTR
The court found the BIA committed legal error by determining that the petitioner was properly given notice through a notice of hearing addressed to the petitioner’s brother, and therefore abused its discretion by denying the motion to reopen (MTR). (Barrios-Cantarero v. Holder, 11/21/14)
District Court Complaint Seeks to Enjoin Executive Actions on Immigration
Complaint filed on behalf of Arizona Sheriff Joe Arpaio, seeking to enjoin the DACA program and President Obama’s executive actions on immigration, alleging that they are unconstitutional, violate the APA, and will cause irreversible harm. (Arpaio v. Obama, 11/20/14)
AILA Amicus Brief Argues Colorado Third Degree Assault Is Not CIMT
AILA amicus brief arguing that Colorado third degree assault is not a divisible statute, and because the least culpable conduct does not involve moral turpitude, a conviction is categorically not a crime involving moral turpitude.
BIA on Assessing Recognition for Organization Associated with For-Profit Venture
The BIA held that where an organization is associated with a for-profit venture, the BIA will not approve an application for recognition unless it is confident it will not be influenced by pecuniary interests. Matter of St. Francis Cabrini Immigration Law Center, 26 I&N Dec. 445 (BIA 2014)
BIA on Assessing an Organization’s Application for Recognition
The BIA held that when assessing an application for recognition, the BIA makes an individualized determination whether the applicant’s fees qualify as “nominal charges” and whether its fee structure provides competent low-cost legal services. Matter of Ayuda, 26 I&N Dec. 449 (BIA 2014)