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
CA3 Vacates and Remands LGBT Asylum Case Finding Flawed BIA Analysis
The court remanded an LGBT asylum case, finding that the BIA incorrectly evaluated the petitioner's claim as though it was based on individualized persecution and erred in its analysis of changed country conditions. (Izquierdo v. Att'y Gen. of the U.S. 8/24/11)
CA7 Says Importation of Alien for Prostitution Is Not Categorically an Aggravated Felony
Importation of an alien for prostitution in violation of INA §278 is not categorically an aggravated felony “offense that relates to the owning, controlling, managing or supervising of a prostitution business” under INA §101(a)(43)(K)(i). (Rosario v. Holder, 8/24/11)
CA7 Dismisses for Lack of Jurisdiction, Is Troubled by Proceedings
Though lacking jurisdiction to review the denial of Petitioner’s adjustment of status, the court noted that it might have weighed the equities differently than the IJ and reprimanded Petitioner’s attorney for his deficient performance. (Wroblewska v. Holder, 8/24/11)
CA7 Says No §241(f) Waiver without Charge or Deportability Finding Based on Fraud
Based on the plain language of the statute, the court found Petitioner ineligible for a §241(f) waiver because he was never charged or found deportable on fraud grounds, and therefore also found him ineligible for §212(c) relief. (Torres-Rendon v. Holder, 8/23/11)
CA7 Reverses District Court, Says Padilla May Not be Applied Retroactively
Over dissent, the court held that the Supreme Court in Padilla v. Kentucky announced a new constitutional rule and its holding may not be applied to collateral appeals retroactively. (Chaidez v. U.S., 8/23/11)
AILA Consumer Advisory: DHS Immigration Announcement is NOT a Legalization Program (Updated 8/23/11)
An AILA consumer advisory clarifying the 8/18/11 DHS announcement regarding immigration enforcement priorities. It is not a legalization program and does not create legal status. Immigrants with questions should see certified legal professionals. A Spanish version follows.
DOJ Final Plan for Retrospective Analysis of Existing Rules
DOJ Final Plan for Retrospective Analysis of Existing Rules, dated 8/22/11, establishing a working group to institutionalize a culture of retrospective review and identifying several rules for review including 8 CFR Parts 1003, 1103, 1211, 1212, 1215, 1216, and 1235.
USCIS Guidance on Immigration Benefits in EOIR Removal Proceedings
USCIS guidance on immigration benefits for individuals who are requesting, or who have been granted, relief from removal or protection while they are in removal proceedings in Immigration Court or before the BIA.
DHS Procedures for Implementing EOIR Background Check Regulations
DHS Q&A on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including information on the regulations, application procedures, filing instructions for I-485s, and more.
DHS Fact Sheet on Implementing EOIR Background Check Regulations
DHS Fact Sheet on USCIS and ICE procedures implementing EOIR’s background check regulations for individuals seeking relief from removal in proceedings, including asylum, withholding, adjustment of status, cancellation, suspension of deportation, and certain waivers.
IJ Grants Asylum Due to Respondent's Relative Being Involved with Anti-Gang Efforts
In an unpublished decision, the IJ found the respondent qualified for asylum as a victim of past persecution on account of her identity as an “immediate relative of Salvadorian police officers involved in anti-gang efforts.” Courtesy of Alexander Miller.
CA9 on Credibility and Corroboration in Chinese Christian Asylum Case
The court held that although the adverse credibility finding was based on mischaracterizations of testimony and trivial inconsistencies, Petitioner failed to respond to the request for corroborative evidence or explain his failure to do so. (Ren v. Holder, 8/19/11)
NY Immigration Attorney and Two Others Arrested in Human Smuggling Case
ICE press release announcing that NY immigration attorney Hak Tung Lam and two other individuals were charged with conspiracy to commit alien smuggling for their alleged facilitation of a human smuggling operation that brought hundreds of Chinese nationals into the U.S.
White House Blog on Using Prosecutorial Discretion to Maximize Public Safety
White House blog announcing that DHS, along with DOJ, will be reviewing the current deportation caseload to clear out low-priority cases in order to better focus enforcement resources on removing individuals who have been convicted of crimes or pose a security risk.
AILA Calls DHS Prioritization Plan Strong Step Forward for Immigration Enforcement
AILA press statement responding to DHS announcement establishing a high-level committee to ensure implementation of its enforcement priorities and to relieve pressure on an already overburdened immigration court system.
DHS Background Information on Prosecutorial Discretion Initiatives
DHS background information outlining implementation of ICE enforcement priorities including prosecutorial discretion initiatives, which DHS Secretary Napolitano included with an 8/18/11 letter to 22 U.S. senators.
DHS Letter to Senators Regarding Prosecutorial Discretion
A 8/18/11 letter from DHS Secretary Napolitano to Senator Dick Durbin and 21 other Senators on the implementation of an interagency working group to execute a case-by-case review of all individuals currently in removal proceedings. Letter includes background information.
DHS Announcement on New Process for Implementation of Prosecutorial Discretion Memo
An 8/18/11 letter from DHS Secretary Janet Napolitano announcing a new process for implementing the 6/17/11 prosecutorial discretion memorandum.
CA3 Says IJ Must Consider All Hashmi Factors before Denying Continuance
Where Petitioner had an approved visa petition, the court found that the BIA erred in denying his motion to reconsider the denial of a continuance request based primarily on lack of visa availability and timing considerations. (Simon v. Holder, 8/17/11)
AILA Report on Immigration Enforcement
AILA report, Immigration Enforcement Off Target: Minor Offenses With Major Consequences, examines the dangers of merging civil immigration enforcement with local criminal law enforcement and urges DHS to follow its priorities and to prevent abuses.
CA3 on Legitimation and Derivative Citizenship under Former INA §321(a)(3)
The court found that under Cape Verde law, Petitioner is legitimated regardless of the fact that his natural father took no formal steps to assert paternity and is therefore, not eligible for derivative citizenship. (Brandao v. Att’y Gen. of the U.S., 8/16/11)
White House Blog about Reform, Enforcement, and Removals under the Obama Administration
White House blog post on the Administration’s efforts to improve the immigration system, in the absence of reform legislation, by making enforcement smarter and more effective. The blog addresses Secure Communities and statistics on the removal of individuals from the U.S.
President Obama Grants DED Extension for Liberians
An 8/16/11 Presidential Memorandum granting an 18-month extension of Deferred Enforced Departure (DED) and authorizing employment for Liberian nationals who are currently in the U.S. under the existing grant of DED, through 3/31/13.
New AILA Report Says DHS Immigration Enforcement is Far “Off Target”
AILA announces the release of Immigration Enforcement Off Target: Minor Offenses with Major Consequences, a report featuring 127 cases where DHS took enforcement action against harmless people who were picked up and referred by local police officers.
CA8 Upholds Denial of Asylum for Venezuelan Woman
The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)