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
The President’s Immigration Accountability Executive Actions
Based on a briefing on 11/20/14 by the White House, the following is a summary of the elements expected to be part of the Administration’s announcement of executive actions on immigration. AILA’s understanding is that details (and memos) are still being finalized at this time.
2014 Executive Action White House Pocket Card
A 11/20/14 White House produced a pocket guide for understanding the President’s 2014 executive action on immigration.
White House Fact Sheet on 2014 Executive Action
An 11/20/14 White House fact sheet on the President’s 2014 executive action on immigration.
White House Talking Points on 2014 Executive Action
Talking points produced by the White House on 11/20/14 on the President’s 2014 executive action on immigration.
BIA Reverses Finding that Adjustment Application Was Abandoned
Unpublished BIA decision finds IJ erred in deeming adjustment abandoned for failure to submit tax record by court-imposed deadline. The BIA held that IJ may only deem the opportunity to file supporting documents to be waived. Special thanks to IRAC. (Matter of Opoku, 11/20/14)
DHS Memo on ICE Personnel Reform
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the Personnel Reform for Immigration and Customs Enforcement Officers included in the 2014 Executive Action.
DHS Memo Discontinuing Secure Communities
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the dismantling of the Secure Communities program included in the 2014 Executive Action.
DHS Memo with Updated Policies on the Apprehension, Detention, and Removal of Undocumented Immigrants
An 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the prosecutorial discretion directives included in the 2014 Executive Action.
DHS Memo on Exercising Prosecutorial Discretion and Deferred Action
An 11/20/14 memo from DHS Secretary Johnson to USCIS, ICE, and CBP on exercising prosecutorial discretion (PD) for individuals who came to the U.S. as children and to certain individuals whose parents are U.S. citizens or permanent residents. This memo supplements and amends the 6/15/12 PD DHS memo.
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.
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)
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)
BIA Says Recognized Organization Need Only Apply for Representative’s Accreditation at One Location
The BIA held a recognized organization need only apply for accreditation at one location, and if approved, that representative may thereafter practice at any branch location of the organization that has been recognized by the BIA. Matter of United Farmworkers Foundation, 26 I&N Dec. 454 (BIA)
TRAC Report Finds Immigration Court Filings Rise by 12%
TRAC report finding that during FY2014, DHS filed 222,956 removal orders in immigration court, up 12.2% from FY2013. Despite the increase, there was a substantial drop in the removals based on allegations of criminal activity. Only 20,217 of the total FY2014 filings were based on a criminal offense.
DHS Authority to Prioritize and Defer Removal
DOJ Office of Legal Counsel memorandum to DHS and the President concluding that DHS’s proposed prioritization policy and deferred action for parents of USCs and LPRs would be legally permissible, but that a proposed deferred action program for parents of DACA recipients would not be permissible.
AILA Quicktake #109: Artesia Closing
Lead attorney for the Artesia Pro Bono Project Christina Brown shares what's happening on the ground in Artesia after ICE’s announcement that the Artesia family detention will be closed as a larger facility in Dilley, Texas, opens.
BIA Remands Motion to Reopen Denial for Russian Respondent
Unpublished BIA decision remanding, finding that given the current country conditions in Russia, the events described by respondent establish a reasonable likelihood that statutory requirements for relief sought have been satisfied. Courtesy of Alexander Segal.
CA9 Says BIA Erred in Concluding California Spousal Abuse Is a CIMT
The panel held the BIA erred by looking to evidence outside the record of conviction to conclude that petitioner was convicted of spousal abuse under California Penal Code §273.5(a), and also remanded to consider if he was eligible for petty offense exception. (Vargas v. Holder, 11/19/14)
Letter to President Obama on Family Detention and Executive Action
A 11/18/14 letter from AILA and 135 advocacy, legal, service and other organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
AILA: Administration’s Shell Game Doesn’t Change the Need to End Inhumane Family Detention
As ICE announced the imminent closure of the Artesia, NM detention facility and the shift to new facilities in Texas, AILA Executive Director Crystal Williams stated, “All this does is move the shame of detaining children and their mothers to a different state without solving a single problem.”
BIA Terminates Proceedings In Interest of Justice Despite Prior Concession of Removability
Unpublished BIA decision terminates proceedings in the interest of justice and despite prior concession of removability by pro se respondent upon finding misdemeanor assault under Ariz. Rev. Stat. 13-1203(a)(1) is not a crime of violence. Special thanks to IRAC. (Matter of N-V-, 11/18/14)
AILA Liaison/NBC Q&As (11/18/14)
Q&As from the AILA NBC Liaison Committee’s 11/18/14 meeting with USCIS National Benefits Center. Topics include: new initiatives and staffing changes; I-601A adjudication, RFEs and denials; I-191s; interview-waiver and VAWA adjustment of status cases; G-28 issues and I-824 processing.
CA4 Says Stop-Time Rule Has Impermissible Retroactive Effect on 1995 Theft Offense
The court remanded, finding that the 1996 stop-time rule of INA §240A(d)(1) had an impermissible retroactive effect on petitioner’s 1995 credit card theft offense and he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jaghoori v. Holder, 11/18/14)
ICE To Close Artesia, Moves Forward with Opening Dilley
ICE press release announcing that as of 11/7/14, ICE ceased intake of individuals at the Artesia detention center and has begun the draw-down process to cease operations at Artesia by the end of 2014. ICE plans to open a new family detention center in Dilley, Texas in December 2014.