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
Representatives Urge DOJ to Restore Due Process to Removal Proceedings and Improve Docket Management Protocols
On March 29, 2022, Representative Pramila Jayapal (D-WA) led 40 lawmakers in calling on the DOJ to reduce the immigration court case backlog and address due process concerns, including by imposing restrictions on virtual hearings.
DHS and DOJ Interim Final Rule on Asylum Processing
DHS and DOJ interim final rule (IFR) on asylum processing. The IFR significantly changes the regulations governing the processing of asylum claims by individuals subject to expedited removal. The IFR is effective 5/31/22, and comments will be accepted until 5/31/22. (87 FR 18078, 3/29/22)
Fraihat Legal Team Provides Updated FAQ’s
The Fraihat legal team shared updated FAQs for attorneys and non-attorneys due to the case’s current posture. Notably, the original preliminary injunction authorizing release of certain individuals remains active at least through June 12, 2022.
Notice of EOIR Stakeholder Forum on Web-Based Initiatives
EOIR notice of a stakeholder forum in which EOIR will hear comments on the EOIR Courts & Appeals System (ECAS) and Immigration Court Online Resource (ICOR). The forum will be held via GoToWebinar on 3/30/22 at 2:00 pm (ET) and a RSVP is needed by 3/28/22 at 5:00 pm (ET). (87 FR 17336, 3/28/22)
EOIR to Host ECAS Information Sessions
EOIR will host two ECAS Information Sessions on March 31, 2022, first from 11 am to 12 pm (ET) and then from 2 to 3 pm (ET). RSVP to EngagewithEOIR@usdoj.gov by 5 pm (ET) on March 30 with the session you’d like to attend, names of attendees, your organization, and your email address.
ICE to Close Etowah Detention Center and Limit Use of Three Others
ICE announced the closure of Etowah County Detention Center in Gadsen, AL. ICE will also limit use of Glades County Detention Center, Winn Correctional Center, and Alamance County Detention Facility. Deficiencies such as poor medical services and staffing constraints were identified at all centers.
AILA Welcomes ICE Announcement to Close Etowah Detention Center
AILA welcomed the news that ICE will close the Etowah Detention Center in Alabama and limit the use of three other detention facilities across the country. AILA Policy Counsel Jennifer Ibañez Whitlock stated, “the next step as the wind down is implemented is the release of individuals.”
EOIR Announces 25 New Immigration Judges
EOIR announced the appointment of 25 new immigration judges (IJs) by Attorney General Merrick B. Garland. Biographical information has been provided for each of them. Individuals interested in immigration judge positions are invited to sign up for job alerts.
Asylum Changes from the Biden Administration Will Not Ensure Due Process as Required by U.S. Asylum Law
AILA and the Council responded to today’s release of an interim final rule related to asylum procedures with deep concern, noting that “the tight deadlines and rapid scheduling of hearings” will undoubtedly curtail due process and interfere with the ability to obtain legal representation.
CA4 Concludes That INA §237(a)(1)(H)(i)(I) Does Not Have a Living-Parent Requirement
Where the BIA had found that petitioner was ineligible for a waiver under INA §237(a)(1)(H)(i)(I) because his U.S. citizen father was no longer living, the court vacated the BIA’s decision, holding that the statutory text includes no living-parent requirement. (Julmice v. Garland, 3/23/22)
District Court Issues Nationwide Preliminary Injunction Partially Blocking DHS's Civil Immigration Enforcement Guidance
In a lawsuit filed by Arizona, Montana, and Ohio seeking to prevent DHS from implementing its September 30, 2021, civil immigration enforcement guidance, the U.S. District Court for the Southern District of Ohio enjoined and restrained DHS from enforcing or implementing Section II of the guidance.
EOIR to Host Access EOIR Listening Session
As part of series of public forums regarding the Access EOIR initiative, EOIR will host a listening session on March 30, 2022, from 2 to 4 pm (ET). The session will focus on comments regarding ECAS and ICOR. RSVP to EngagewithEOIR@usdoj.gov by 5 pm (ET) on March 28.
Video: AILA EOIR/ICE Joint Liaison Committee Update
In this video, Amanda Keaveny of AILA's EOIR/ICE Joint Liaison Committee provides the latest updates on AILA's liaison efforts with the agencies. Watch now!
DHS Notice Rescinding 2019 Expedited Removal Notice
DHS notice rescinding the July 23, 2019, notice Designating Aliens for Expedited Removal, which expanded the application of expedited removal procedures. (87 FR 16022, 3/21/22)
BIA Finds Connecticut Third-Degree Larceny Statute Is Not a Theft Offense Aggravated Felony under INA §101(a)(43)(G)
BIA held that the Connecticut third-degree larceny statute isn’t a theft offense aggravated felony under the INA because it incorporates a definition of “larceny” that’s overbroad and indivisible with respect to the generic definition of theft. Matter of Morgan, 28 I&N Dec. 508 (BIA 2022)
ACLU-NM and Immigrant Rights Groups Call for the Immediate Release of People Detained in Torrance County Detention Facility, and for the Termination o
AILA joined partners in calling for the immediate release, not transfer, of people detained by ICE at the Torrance County Detention Facility following deeply disturbing findings announced by a federal watchdog agency.
EOIR Updates Appendix O of the Policy Manual with Adjournment Code 22
EOIR updated appendix O of the policy manual with adjournment code 22. The reason is “Respondent or representative rejected earliest possible hearing date,” and the definition is “Hearing adjourned due to respondent or representative rejecting earliest possible hearing date.”
CA8 Affirms BIA’s “Cursory” Decision Denying Cancellation Based on Good Moral Character
The court affirmed the BIA’s determination that the petitioner had failed to meet the good moral character requirement for cancellation of removal, finding that although the BIA’s decision was superficial and mechanical, there was no error warranting remand. (Hernandez v. Garland, 3/18/22)
CA11 Vacates BIA’s Ruling That Petitioner’s Florida Conviction for Burglary of an Unoccupied Dwelling Was a CIMT
The court vacated BIA’s ruling that a conviction for burglary of an unoccupied dwelling under Fla. Stat. §810.02(3)(b) was categorically a crime involving moral turpitude (CIMT), and remanded for BIA to discuss the impact of relevant Florida burglary cases. (Lauture v. Att’y Gen., 3/17/22)
CA11 Holds That Petitioner’s Violation of Florida Statute Did Not Relate to Controlled Substance
The court held that the BIA and IJ erred in finding that the petitioner was ineligible for cancellation of removal, because his violation of Fla. Stat. §893.13(6)(a) did not relate to a controlled substance as defined in 21 USC §802. (Said v. Att’y Gen., 3/24/22)
Alternatives to Detention: An Overview
This American Immigration Council fact sheet provides an overview of the range of programs that provide alternatives to detention (ATDs) and run the gamut from no governmental intervention to extensive surveillance and restrictions on liberties that are focused on limiting the movement of people.
TRAC Reports One-Third of New Immigration Court Cases are Children
TRAC released a report stating that almost one-third of all new cases in immigration court are juveniles, and that one in eight are 0-4 years of age. The report explains that reliable tracking systems for children are not in place, verifies what EOIR currently records regarding children, and more.
ICE Issues Guidance on Protections for Noncitizen Victims of Crime
ICE issued directive 10036.2, which states that ICE personnel are generally prohibited from using or disclosing information protected by Section 1367 to anyone other than DHS or DOJ employees. This includes information on applicants for T & U visas, continued presence, or VAWA based benefits.
DHS OIG Recommends Immediate Removal of All Detainees from the Torrance County Detention Facility
DHS OIG recommended that all detainees at the Torrance County Detention Facility be relocated unless and until the facility ensures adequate staffing and appropriate living conditions. DHS OIG found critical health and safety risks to the detainees in their unannounced inspection of the facility.
BIA Invites Amicus Briefs on Vacatur of a Criminal Conviction
The BIA invites interested members of the public to file amicus briefs discussing what factors the BIA should weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction. Briefs are due by April 6, 2022.