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
Special Member Update: Response to Central American Humanitarian Crisis (Updated 7/25/14)
AILA National has been coordinating efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is on what we know, what actions we are continuing to pursue, and how you can get involved.
AILA: Artesia Detention Center a Due Process Failure
Following a visit to the Artesia detention facility this week and observing severe due process violations, AILA calls for the suspension of all deportations from the facility until fundamental improvements can be made.
CA7 on CSPA “Sought to Acquire” Standard
The court remanded for the BIA to determine whether petitioner took “substantial steps” to acquire permanent status within one year of his eligibility, as required by the Child Status Protection Act (CSPA) standard in effect prior to Matter of O. Vasquez. (Velásquez v. Holder, 7/23/14)
CA9 Affirms Government’s Modified Categorical Approach for Controlled Substance Offense
The court held DHS could consider a page in the indictment that described the controlled substance as methamphetamine because the statement was specifically incorporated into petitioner’s plea agreement as the factual basis supporting his guilty plea. (Alvarado v. Holder, 7/23/14)
CA1 Remands Asylum Denial for Mayan Quiché Petitioner from Guatemala
The court vacated and remanded the asylum denial, finding that the petitioner showed his Mayan Quiché identity was at least one central reason why he and his community were targeted by the Guatemalan army. (Ordonez-Quino v. Holder, 7/23/14)
AILA: House Republican Plan Will Endanger Children Fleeing Violence and Persecution
AILA’s President Leslie Holman discusses the House Republican plan to address the humanitarian crisis at the southern border as a plan that, “will harm vulnerable child victims of violence.”
Speaker Boehner Letter to President Obama on TPVRA
A 7/23/14 letter from Speaker Boehner (R-OH) to President Obama arguing that it will be difficult to make “progress on this issue without strong, public support from the White House for much-needed reforms, including changes to the 2008 [TVPRA] law.”
House GOP Working Group Recommendations on Humanitarian Crisis
Recommendations of the Republican working group assembled by Speaker Boehner (R-OH) and led by Rep. Kay Granger (R-TX) in response to the humanitarian crisis in Central America.
NAIJ Letter to Senate Leadership on Juveniles in Immigration Courts
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Majority Leader Harry Reid and Minority Leader Mitch McConnell on the unique concerns and protections that should be afforded juveniles in immigration courts.
NAIJ Letter to House Leadership on Juveniles in Immigration Courts
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Speaker John Boehner and Democratic leader Nancy Pelosi on juveniles in immigration courts, stating that children and juveniles are a vulnerable population with special needs under the judicial system.
Sign-on Letter to Senate Appropriations on Counsel for Children
On 7/22/14, AILA joined 48 organizations in a sign-on letter to the Senate Appropriations Committee on the need for adequate funding for legal representation for all children.
Legislation Addressing the Central American Humanitarian Crisis (Updated 7/29/14)
A round-up of all legislation introduced after June 2014 addressing the humanitarian crisis in Central American and the impact on the southern border of the United States.
CA4 Remands Asylum Denial for Salvadoran Petitioner Fleeing MS-13
The court granted the petition for review and remanded, finding that even though other members of the petitioner’s family may not have been “uniquely or specially targeted” by the MS-13 gang, this fact did not did not undermine petitioner’s own fear of persecution. (Aquino v. Holder, 7/18/14)
BIA Orders Further Consideration of Adjustment Application After Submission of Evidence on Appeal
Unpublished BIA decision remands for further consideration of adjustment application after respondent submits affidavit of support (Form I-864) and medical exam (Form I-693) while appeal was pending. Special thanks to IRAC. (Matter of Moung, 7/18/14)
AILA: Terrible Legislation Would Shred Protections for Children Seeking Refuge
AILA’s President Leslie Holman describes two recently introduced bills relating to unaccompanied children that would “essentially gut the protections currently afforded children who may be trafficking victims or are fleeing untenable violence.”
Section-by-Section of Goodlatte H.R. 5137 (Goodlatte UAC Bill)
An AILA section-by-section of H.R. 5137, the “Asylum Reform and Border Protection Act,” introduced by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill seeks to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”
AAO Sustains Appeal of I-601 Waiver for Unlawful Presence and Finds Assault Conviction Is not a CIMT
AAO decision sustaining appeal of an I-601 waiver for unlawful presence, finding applicant’s spouse would suffer extreme hardship and the conviction under Maryland Code Art 27, §12A(a) and (b) for simple assault was not a crime involving moral turpitude (CIMT). Courtesy of Michelle Mendez.
CRS Report on Legal Issues Surrounding Unaccompanied Alien Children
CRS report including FAQs on the legal issues concerning unaccompanied alien children including the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to these immigrant minors.
BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis
The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)
AILA Quicktake #90: Legislative Update on Unaccompanied Minors
AILA's Advocacy Director Greg Chen updates on the progress of the President's supplemental in Congress and discusses the proposed bill by Republican Sen. John Cornyn and Democratic Rep. Henry Cuellar that would make it easier to deport unaccompanied migrant children to their home countries.
BIA Holds DHS Did Not Prove Admission Under Visa Waiver Program
Unpublished BIA decision holds that DHS did not satisfy burden of proving admission under the Visa Waiver Program where it submitted no direct evidence of such and the respondent was not bound by a prior attorney concession. Special thanks to IRAC. (Matter of Utzeri, 7/16/14)
CA7 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule
The court applied Chevron deference and upheld the BIA’s decision in Camarillo that a Notice to Appear (NTA) that does not specify a particular time and date for an initial hearing suffices to trigger the stop-time rule under INA §240A(d)(1). (Wang v. Holder, 7/16/14)
BIA Asks IJ to Provide Further Analysis on Extreme Hardship to USC Children
Unpublished BIA decision remanding cancellation denial, asking IJ to provide further analysis on hardship to respondent’s four U.S. Citizen (USC) children if they were relocated to Mexico, as well as an elaboration on the hardship suffered by son with medical condition. Courtesy of Diana M. Bailey.
AILA MN/Dakotas Letter to Sens. Franken and Klobuchar on UACs
A 7/16/14 sign-on letter from AILA Minnesota/Dakotas Chapter and 36 other Minnesota-based organizations to Minnesotan Senators Klobuchar and Franken urging them to oppose any plans to expedite the deportation of Central American children, or lessen protections included in the TVPRA.
Rep. Cuellar (D-TX) and Sen. Cornyn (R-TX) HUMANE Act
On 7/16/14, Senator Cornyn (R-TX) and Representative Cuellar (D-TX) introduced the “Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE)” Act.