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
ICE Releases Updated COVID-19 ICE Detainee Statistics
ICE provided updated statistics on COVID-19 in ICE detainees, by facility. As of November 16, 2021, there are 355 positive cases currently in custody among a total detainee population of 24,445.
EOIR/ICE Joint Liaison Committee Fall Meeting with EOIR
AILA’s EOIR/ICE Joint Liaison Committee provides minutes received from EOIR covering their October 28, 2021, engagement. Topics include EOIR’s plans for Webex, what jurisdiction applies post-ICE transfers, the number of non-LPR cancellation cases awaiting a decision, and more.
CA7 Upholds Denial of CAT Relief to Petitioner Who Claimed He Was Target in Mafia Extortion Scheme in Honduras
Where petitioner feared that the mafia would target him because he had just returned from the United States, the court upheld the denial of Convention Against Torture (CAT) relief, finding that he was not more likely to be tortured if returned to Honduras. (Pineda-Teruel v. Garland, 10/27/21)
DHS Issues Memo on Guidelines for ICE and CBP Enforcement in or Near Protected Areas
DHS issued a memo on ICE and CBP enforcement in or near protected areas, stating that enforcement actions should not restrain a noncitizen’s access to essential services, such as food, water, or medical attention. The memo lists protected areas and exceptions to use of the guidance.
EOIR Announces Appointment of 24 New Immigration Judges
EOIR announced Attorney Garland’s appointment of 24 new immigration judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. The memo provides a biography for each judge. They will join the newest BIA member, Appellate Immigration Judge Andrea Saenz.
DHS Secretary Strengthens Protections from Enforcement Actions for Sensitive Locations
AILA President Allen Orr welcomed the new sensitive locations memo from DHS Secretary Alejandro Mayorkas but noted, “Without accountability, ICE and other DHS agents will have the leeway to continue as they have under the previous administration. That would be disastrous and unacceptable.”
CA1 Finds That Six Months of Detention Under INA §236(c) Does Not Automatically Trigger Right to Bond Hearing
The court affirmed the district court’s ruling that there is no per se constitutional entitlement to a bond hearing before an IJ for noncitizens detained pursuant to INA §236(c) for more than six months pending the completion of removal proceedings. (Reid, et al. v. Donelan, et al., 10/26/21)
CA1 Remands for BIA to Assess Whether Petitioner’s Appeal Warrants Equitable Tolling of 8 CFR §1003.38(b)’s Filing Deadline
The court held that the BIA had failed to address the petitioner’s request to apply equitable tolling in determining whether her appeal was timely, and thus vacated the BIA’s dismissal of the petitioner’s appeal and remanded. (James v. Garland, 10/25/21)
ICE Revises Policy on Notification and Reporting of Detainee Deaths
Dated 10/25/21, ICE Directive 11003.5 revises certain responsibilities, including requiring Office of Detention Ombudsman be notified of a detainee death and allowing for potential additional review for deaths occurring within 30 days of detainee’s release. Supersedes previous directives on topic.
Biden Administration Rightly Removes Artificial Quotas for Immigration Judges
AILA welcomed news that the Biden administration has removed the artificial quotas imposed on immigration judges but urged further action to rescind other Trump-era policies which continue to undercut the integrity and independence of our immigration courts.
AILA and Partners Submit Amicus Brief on Divisibility of Idaho Controlled Substance Statute
AILA and partners submitted an amicus brief to CA9 in Juarez v. Garland requesting the court to conclude that Idaho Code § 37-2732(a)(1)(A) unambiguously compels the conclusion that Idaho Code § 37-2732(a)(1)(A) is indivisible as to the particular substance.
CA9 Reverses District Court’s Grant of Nationwide Preliminary Injunction Against ICE Detention Facilities in COVID-19 Lawsuit
The court reversed the district court’s grant of a preliminary injunction, finding that the plaintiffs did not provide evidence of constitutional and statutory violations on a programmatic, nationwide level to justify the extraordinary relief they requested. (Fraihat v. ICE, 10/20/21)
AILA Position on the Use of Virtual Hearings in Removal Proceedings
AILA takes the position that virtual hearings should generally only be used only at the respondent’s request given the serious due process concerns at stake in removal proceedings.
CA4 Strikes Down Matter of S-O-G- & F-D-B-
The court abrogated Matter of S-O-G- & F-D-B-, holding that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA the general power to terminate removal proceedings. (Chavez Gonzalez v. Garland, 10/20/21)
AILA and Partners Submit Comments on Proposed Changes to Asylum Procedures
AILA, the Council, and Justice Campaign expressed support for the proposal to give asylum officers authority to grant asylum to migrants who pass credible fear interviews and attend hearings with their office but to abandon a proposed streamlined removal hearing.
CA1 Remands Where BIA Denied Withholding of Removal to Honduran Petitioner Based on IJ’s Adverse Credibility Finding
The court held that the BIA’s affirmance of the IJ’s adverse credibility finding as to the Honduran petitioner could not be sustained, and thus vacated and remanded the BIA’s order affirming the denial of the petitioner’s request for withholding of removal. (Lopez Troche v. Garland, 10/18/21)
Attorney General Garland Releases Report on Phased Strategic Plan to Expand Access to Justice
Attorney General Garland released a phased strategic plan to expand access to justice within the justice department and throughout the federal government. The report includes the president’s directives, a 120-day review of the department, and responsibilities of the Legal Aid Interagency Roundtable.
CA2 Finds Connecticut Convictions for Possession of Narcotics with Intent to Sell Were Aggravated Felony Drug Trafficking Offenses
The court held that the petitioners’ convictions under Connecticut General Statute §21a-277(a) were controlled substance offenses and aggravated felony drug trafficking crimes, and that the jurisdictional holding of Banegas Gomez v. Barr remained good law. (Chery v. Garland, 10/15/21)
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-28
EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due December 14, 2021. (86 FR 57444, 10/15/21)
Liaison Update: Key Takeaways from Listening Session on Immigration Detention Ombudsman
AILA provide key takeaways from the CIS Ombudsman’s listening session with the DHS Office of the Immigration Detention Ombudsman. This new office is an independent office outside of ICE and CBP charged with redressing detainee complaints about conditions and violations by DHS staff and contractors.
CIS Ombudsman’s Office Provides PPT and Q&As from Listening Session with Immigration Detention Ombudsman
The CIS Ombudsman’s Office provided the PPT and Q&As from the listening session on the Office of the Immigration Detention Ombudsman.
DHS OIG Finds ICE Needs to Improve Oversight of Segregation Use in Detention Facilities
DHS OIG audited ICE detention facilities to determine whether administrative and disciplinary segregation complied with ICE detention standards. Finding noncompliance with NARA retention schedules and insufficient reports on segregation, DHS made three recommendations and ICE concurred.
CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively
Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)
CA7 Upholds Denial of CAT Relief to Petitioner Who Feared Being Removed to Burundi as a Returning Twa Refugee
Where the petitioner claimed that he feared being removed to Burundi because he was a returning Twa refugee and was unable to speak the native language, the court upheld the BIA’s denial of deferral of removal under the Convention Against Torture (CAT). (Nyandwi v. Garland, 10/8/21)
AILA Joins 220 Organizations in Opposing Expansion of Immigration Detention
AILA joined 220 organizations in expressing disappointment about the planned reopening of Moshannon Valley Correctional Center as an ICE detention center, and the conversion and expansion of the Berks County ICE detention center to an adult facility for women.