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
Guidance on Refunds of Flat Fees Under Prosecutorial Discretion Relief
The Doyle memo directed attorneys of the ICE Office of the Principal Legal Advisor to evaluate cases for different types of prosecutorial discretion. With one of the most significant types of discretion being dismissal of proceedings, this article addresses the specific issue of refunding flat fees.
Detention Ombudsman Reports 52% of Complaints Were About Living Conditions
AILA Policy Counsel Jen Whitlock writes about the Office of the Immigration Detention Ombudsman (OIDO) including the office's history, the data it has shared so far, and some key questions that remain; she urges everyone to use AILA's advocacy tool to tell Congress immigration detention is inhumane
CA5 Rejects Petitioner’s Argument That IJ’s “Aggressive” Questioning Denied Him Due Process
The court held that the record did not show “obvious bias,” and that petitioner had not pointed to record evidence showing IJ’s “hostility due to extrajudicial sources” or “a deep-seated favoritism or antagonism that would make fair judgment impossible.” (Cardona-Franco v. Garland, 5/24/22)
CRS Provides Infographic Comparing Use of Titles 8 and 42
CRS provided an infographic comparing the procedures utilized as part of Titles 8 and 42. The focus of the infographic is on procedures occurring at the southwest border. Data is also provided on Title 8 apprehensions and Title 42 expulsions.
ICE to Consider Military Service When Determining Civil Immigration Enforcement
ICE announced a policy directive to consider U.S. military service when making discretionary determinations with regard to civil immigration enforcement actions against noncitizens.
EOIR Announces Appointment of Five New Immigration Judges
EOIR announced the appointment of five new immigration judges to courts in California, Florida, and Massachusetts. Biographical information has been provided for each of them. Individuals interested in immigration judge positions are invited to sign up for job alerts.
DHS 60-Day Notice and Request for Comments on New MPP Disenrollment Request System
DHS 60-day notice and request for comment on a new public-facing Migrant Protection Protocols (MPP) Disenrollment Request website. Comments are due 7/22/22. (87 FR 31254, 5/23/22)
CBP Reaches Settlement with Flores Class Members That Sets Detailed Standards for Safe Detention of Minors
The parties submitted a proposed settlement under which CBP agreed to a wide range of protocols requiring that detained minors be held in safe and sanitary conditions, not be separated from relatives, and have access to prompt medical treatment. (Flores, et al. v. Garland, et al., 5/21/22)
DHS Provides Privacy Impact Assessment on the MPP Case Request System
DHS provided a PIA on the MPP Case Request System, which individuals can use to review their enrollment in MPP if they believe they should not be included in the program. The PIA analyzes privacy risks associated with the collection of personally identifiable information as part of this effort.
AILA and Partners Send Letter to DOJ on Access to EOIR Records of Proceedings and Digital Audio Recordings
AILA and partners sent a letter petitioning DOJ to ensure timely and comprehensive access to EOIR records of proceedings and digital audio recordings and requesting a response within 45 days of the letter to schedule a meeting to discuss the issues.
CA3 Finds That BIA Did Not Abuse Its Discretion in Summarily Dismissing Appeal Under 8 CFR §1003.1(d)(2)(i)(E)
The court held that the BIA did not abuse its discretion in following the text of 8 CFR §1003.1(d)(2)(i)(E), under which the Board may summarily dismiss an appeal for failure to file a supporting brief after indicating that one would be filed. (Argueta-Orellana v. Att’y Gen., 5/20/22)
AILA and IDP File Amicus Brief on Child Endangerment Conviction
AILA and the Immigrant Defense Project (IDP) filed an amicus brief with the Ninth Circuit arguing that child endangerment is a distinct, broader offense than a crime of “child abuse, child neglect, or child abandonment.”
USCIS Provides Presentation on Filing Form I-821D For Individuals Who Previously Received DACA
USCIS provided the presentation from its May 19, 2022, webinar on filing form I-821D for individuals who previously received DACA. The presentation provides information on renewal considerations, filing Form I-765, payments, and more.
CA9 Says Petitioner’s Conviction in California for Corporal Injury upon a Child Was a Crime of Violence Aggravated Felony
The court held that the petitioner’s conviction for corporal injury upon a child in violation of California Penal Code (CPC) §273d(a) was a crime of violence aggravated felony that rendered her ineligible for cancellation of removal. (Olea-Serefina v. Garland, 5/19/22)
CA4 Vacates District Court’s Injunction Mandating Procedural Requirements for INA §236(a) Bond Hearings
The court vacated the district court’s preliminary injunction ordering that the government must prove by clear and convincing evidence that a noncitizen is either a flight risk or a danger to the community to continue detention under INA §236(a). (Miranda v. Garland, 5/12/22, amended 5/19/22)
ICE Memo on Detained Noncitizen Transfers Required Due to a Healthcare Condition
ICE memo providing updated guidance for ICE Enforcement and Removal Operations concerning the transfer of noncitizens due to a healthcare condition, as determined medically necessary by ICE Health Service Corps.
CA9 Remands Asylum Claim for Clear Explanation of BIA’s Nexus Determination After Finding There Was Past Persecution
Remanding the petitioner’s asylum claim, the court held that the harm the petitioner had suffered in Cameroon—including physical injury, specific death threats, and evidence of the country’s political and societal turmoil—compelled a finding of past persecution. (Fon v. Garland, 5/18/22)
CA5 Finds BIA’s Affirmance of IJ’s Credibility Determination as to Cameroonian Petitioner Was Not Supported by Record
The court held that BIA erred by affirming the IJ’s credibility determination, where the IJ relied on petitioner’s CBP and asylum credible fear interviews that were not entered into the hearing record of the removal proceeding or raised in that hearing at all. (Nkenglefac v. Garland, 5/18/22)
DOS Provides Guidance for Ukraine Nationals
DOS provided updated guidance for nationals of Ukraine seeking to enter or entering the United States. The guidance clarifies information on the Uniting for Ukraine program, nonimmigrant visas, immigrant visas, humanitarian parole, refugee status, and more.
CA7 Upholds BIA’s Cancellation of Removal Denial to Mexican Father Living in United States Without Authorization for 25 Years
The court held that it was required to defer to the BIA’s determination that the Mexican petitioner’s removal would not result in exceptional and extremely unusual hardship to his minor U.S.- citizen daughter. (Arreola-Ochoa v. Garland, 5/17/22)
CA7 Says BIA Unreasonably Rejected Petitioner’s Late-Filed Brief
Where the government had been slow in providing a copy of petitioner’s immigration file to his counsel, the court held that the BIA clearly abused its discretion in failing to accept the petitioner’s late-filed brief, which was 12 days past due. (Oluwajana v. Garland, 3/9/22, amended 5/3/22)
Tackling Jurisdictional Questions
AILA member Geoffrey A. Hoffman shares insights on the article he wrote for the Spring 2022 edition of the AILA Law Journal focused on the issue of jurisdiction and how the defective NTA-jurisdictional question could play a crucial part in resolving and reducing the 1.6 million case backlog. AILA me
AILA President-Elect Jeremy McKinney Responds to Supreme Court Decision in Patel v. Garland
AILA President-Elect Jeremy McKinney responded to the decision in Patel v. Garland, stating, “This decision strips non-citizens of an important avenue for relief after incorrect decisions by immigration judges. It does so by ignoring the plain language of the statute.”
Supreme Court Rules Federal Courts May Not Review Factual Findings Made in Discretionary Relief Proceedings
In a 5-4 ruling, the Supreme Court ruled federal courts lack jurisdiction to review facts found as part of discretionary relief proceedings under INA §245 and the other provisions enumerated in INA §242(a)(2)(B)(i). (Patel v. Garland, 5/16/22)
EOIR Notice of Public Forum and Request for Feedback on Immigration Court and BIA Practice Manuals
EOIR notice of a virtual public forum on 5/24/22 at 2:00 pm (ET) to discuss and provide feedback on the Immigration Court Practice Manual and the Board of Immigration Appeals Practice Manual. EOIR also invites written feedback on the manuals. (87 FR 29184, 5/12/22)