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
CA8 Upholds Asylum Denial to Mexican Petitioner Whose Husband Disappeared While Fighting Organized Crime
The court held that the BIA did not err in determining that the Mexican petitioner, whose husband had disappeared while serving as a commander of a local auto-defense group that fought organized crime in their hometown, was not entitled to asylum. (Barrera Arreguin, et al. v. Garland, 4/4/22)
Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum)
On April 3, 2022, ICE issued a memorandum, Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion (Doyle Memorandum). The memo is effective April 25, 2022.
CA9 Orders Rehearing En Banc of Diaz-Rodriguez v. Garland
The court ordered rehearing en banc and vacated its prior decision in Diaz-Rodriguez v. Garland, in which the court held that felony child endangerment in California was not a “crime of child abuse, child neglect, or child abandonment.” (Diaz-Rodriguez v. Garland, 4/1/22)
CA8 Upholds Denial of CAT Relief to Brothers Who Were Charged with Fraud in Bolivia and Had Warrants for Their Arrest
The court held that the IJ’s adverse credibility determination was supported by substantial evidence, and that petitioners had failed to show that their business partner was targeted for torture while in custody in Bolivia or that they would be as well. (Paredes Gonzales v. Garland, 4/1/22)
EOIR Adds ICOR Flyers to Part V of the Policy Manual
EOIR updated part V of the policy manual with ICOR flyers in English, Chinese, Haitian Creole, Portuguese, Punjabi, and Spanish.
USCIS Provides Guidance for Certain TPS Recipients with Orders of Removal or Deportation
USCIS issued guidance stating that some TPS recipients with an order of removal or deportation may be eligible to ask the ICE Office of the Principal Legal Advisor to consider joining in a Joint Motion to Reopen proceeding to terminate the removal or deportation order. More details are available.
BIA Clarifies Matter of Eslamizar Regarding When a Proceeding Not Denominated as “Criminal” Can Result in a “Conviction”
BIA stated a finding of guilt in a proceeding that affords all the constitutional rights of criminal procedure that are applicable without limitation and are incorporated against the states under the 14th Amendment is a “conviction” under the INA. Matter of Wong, 28 I&N Dec. 518 (BIA 2022)
CA8 Says That BIA Did Not Err in Declining to Address IJ’s Adverse Credibility Finding as to Somalian Petitioner
Denying the petition for review, the court held that the BIA correctly determined that the IJ’s decision included an alternative determination that the petitioner’s claims for Convention Against Torture (CAT) relief would fail even if his testimony were believed. (Jama v. Garland, 3/30/22)
CA10 Remands Petitioner’s Asylum Claims After Finding Extensive Evidence of Widespread Violence Against Transgender Women in Honduras
The court held that the BIA erred in rejecting petitioner’s asylum claim based on a fear of future persecution, finding that any reasonable adjudicator would be compelled to find a pattern or practice of persecution against transgender women in Honduras. (Gonzalez Aguilar v. Garland, 3/29/22)
Legal Associations Call for Support of Real Courts, Rule of Law Act (H.R. 6577)
On March 29, 2022, the American Immigration Lawyers Association, the National Association of Immigration Judges, and the Federal Bar Association sent a letter to Congress urging support of the Real Courts, Rule of Law Act (H.R. 6577).
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)