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
New Address for San Juan, Puerto Rico Immigration Court
EOIR alert that the immigration court in San Juan, Puerto Rico has a new address.
AILF and AILA Comments on Proposed St. Cyr Rule
AILF and AILA comment on proposed rule regarding §212(c) relief. Comments can also be used as model comments or organizations can sign on to AILF/AILA comments.
New Local Operating Procedures for San Antonio, Texas Immigration Court
EOIR has posted to its website new local operating procedures for the immigration court in San Antonio, Texas.
Testimony of AILA Member Paul Virtue Regarding the Case of Hesham Mohamed Ali Hedayet
Testimony of AILA Member Paul Virtue, before the House Immigration Subcommittee, regarding the INS’s handling of the asylum case of Hesham Mohamed Ali Hedayet, the Egyptian immigrant who shot and killed two people at Los Angeles International Airport on July 4, 2002.
Preliminary Settlement in Barahona-Gomez v. Ashcroft
A preliminary settlement has been reached in the class action lawsuit that challenged EOIR directives prohibiting the BIA and Immigration Judges from granting suspension of deportation after 2/13/1997 because of their interpretation of the 4,000 cap. (Barahona-Gomez v. Ashcroft, 10/30/02)
EOIR Responses to AILA's Liaison Questions (9/26/02)
Liaison issues addressed with EOIR included such topics as adjustment of status in proceedings, immigration court and BIA procedures, IJ behavior, the EOIR-28 form, VAWA confidentiality, and electronic filing.
BIA Says CT 3rd Degree Assault Is a Crime of Violence
The BIA held that third-degree assault involving the intentional infliction of physical injury upon another, in violation of the Connecticut law, is an aggravated felony crime of violence under §101(a)(43)(F). (Matter of Martin, 9/26/02)
BIA Vacates Grant of Deferral of Removal Under CAT
The BIA held that the respondent, who was convicted of a U.S. drug offense, failed to establish that it is more likely than not that she will be tortured as a result of that conviction if she is deported to Nigeria. (Matter of M-B-A-, 9/24/02)
BIA Remands Case for Deficiency in IJ’s Factual Findings
The BIA held that under new regulations effective 9/25/02, it has limited fact-finding on appeal which heightens the need for IJs to include clear and complete findings of fact in their decisions. (Matter of S-H-, 9/12/02)
BIA Updates Precedent Decisions Chart
The Board of Immigration Appeals has updated its chart that tracks, in chronological fashion, various BIA precedent decisions that have been cited by the federal circuit courts.
Guidelines for Submitting an Optional Supplemental Brief Under the New BIA Rule
The BIA has issued guidelines for the submission of optional supplemental briefs pursuant to the final BIA procedural reform regulation published on August 26, 2002. The regulation takes effect on September 25, 2002.
AILA’s Comment on the Indochinese Parolee Adjustment Regulations
AILA comments on proposed regulations that would provide for the adjustment of status of certain aliens from Vietnam, Cambodia and Laos. Thanks to Maureen Masters, on behalf of the U.S. Catholic Conference, and John T. Combs, on behalf of AILA, for their good work.
DOJ Inspector General’s Audit Report on the Institutional Removal Program
The DOJ Inspector General’s Audit Report on the Institutional Hearing Program found that the INS has not effectively managed the program, and recommended that the agency take specific steps to address the problems cited in the report.
Ashcroft Changes to BIA: A Slap in the Face to Immigrants
AILA decries Ashcroft's changes to the Board of Immigration Appeals. The changes severely compromise due process and the independence of the immigration court system.
DOJ Final Rule to Enact Procedural Reforms at the BIA
DOJ final rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11 and expanding the number of cases referred to a single Board member. Rule effective 9/25/02. (67 FR 54877, 8/26/02)
CA6 Declares Blanket Closure of Special Interest Hearings Ruled Unconstitutional
Sixth Circuit decision declaring that Chief Immigration Judge Creppy's directive to close all special interest cases violates the First Amendment. Detroit Free Press (Haddad) v. Ashcroft (8/26/02)
DOJ Issues Fact Sheet on Final BIA ‘Reform’ Rule
The DOJ has issued a fact sheet on the final rule that revamps the structure and procedures of the BIA.
DOJ Press Release Announcing Final BIA Rule
The Justice Department has issued a press release announcing the publication of the final rule implementing numerous procedural reforms at the BIA. The rule takes effect on September 25, 2002.
EOIR Publishes Correction to Proposed St. Cyr Rule
The EOIR has published a correction notice to the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr.. (67 FR 54360, 8/22/02)
EOIR Resources on Proposed §212(c) Rule
The EOIR has issued a fact sheet and a news release on the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c).
Proposed Rule Would Extend § 212(c) Eligibility in Certain Cases
A joint INS/EOIR proposed rule would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr. (67 FR 52627, 8/13/02)
Government Must Release the Names of Individuals Detained in Connection with September 11 Attacks
The District Court ruled that DOJ must release the names of individuals detained in the 9/11 attacks within 15 days of the court's decision. (Center for Nat'l Security Studies v. Justice Dept., 8/6/02)
Fact Sheet on the INS’s Office of Juvenile Affairs
An INS Fact Sheet dated 8/1/02 provides an overview of the INS’s recently established Office of Juvenile Affairs.
House Judiciary Committee Approves Due Process Reform Measure
AILA expresses support for the House Judiciary Committee passage of the bipartisan Family Reunification Act, which would provide a limited opportunity for certain long-term legal permanent residents to ask a judge to consider the facts of their case before deciding whether to deport them.
House Judiciary Committee Approves Due Process Reform Bill
On 7/23/02, the House Judiciary Committee approved the Family Reunification Act of 2002 (H.R. 1452), a limited due process reform bill that will restore some measure of fairness to our immigration laws.