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
BIA Remands for Further Consideration of Eligibility for Voluntary Departure After Deficient NTA
The BIA remanded for evaluation of whether respondent statutorily eligible for voluntary departure after finding that a deficient NTA does not preclude the respondent from establishing the requisite period of continuous physical presence. Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021)
CA4 Holds That Conviction in Virginia for Felony Eluding Is a CIMT
The court concluded that the definition of crime involving moral turpitude (CIMT) does not violate the U.S. Constitution, and that Virginia’s felony eluding statute, Va. Code §46.2-817(B), constitutes a CIMT. (Canales Granados v. Garland, 11/4/21)
CA1 Says It Lacks Jurisdiction over Petitioner’s PSG Claim Because He Failed to Exhaust Administrative Remedies
The court held that it lacked jurisdiction to consider the petitioner’s claim that the BIA erred by rejecting his proposed particular social group (PSG) of “Brazilian landowners,” finding that the petitioner had failed to exhaust his administrative remedies. (Gomes v. Garland, 11/3/21)
CRS Releases Report on Legality of DACA and Recent Litigation Developments
CRS released a report on the status of DACA, especially as it relates to Texas II. The report states that Congress has full authority over the future of DACA, either through termination, by giving DHS power to implement DACA, or by statutory relief to DACA recipients.
DHS Releases Privacy Impact Assessment for ICE Pilot on Use of Body Worn Cameras
DHS published a Privacy Impact Assessment to evaluate the privacy risks of Body Worn Camera technology, and to address issues related to information collection from camera usage. The Body Worn Camera Pilot was mandated by Congress and is intended to improve policing practices.
CA9 Says Stop-Time Rule Is Not Triggered by Final Order of Removal
The court held that the stop-time rule—which sets out the circumstances under which a period of continuous physical presence is deemed to end for cancellation of removal—is not triggered by a final order of removal. (Quebrado Cantor v. Garland, 11/3/21)
TRAC Data Finds ICE Now Monitors Record High Numbers of Immigrants on "Alternatives to Detention" Program
According to new data available through TRAC, ICE is now monitoring more than 136,000 immigrants on "Alternatives to Detention" (ATD) programs. ICE is now using SmartLink to monitor the bulk of immigrants enrolled in these programs.
Plaintiffs Subjected to “Remain in Mexico” Policy File Emergency Order Requesting Permission to Enter United States
Six asylum seekers with final removal orders who were previously subjected to the Migrant Protection Protocols (MPP) filed a request for a temporary restraining order to allow them to return to the United States. (Immigrant Defenders Law Center, et al. v. Mayorkas, et al., 11/2/21)
CA1 Upholds BIA’s Affirmance of IJ’s Adverse Credibility Determination Where There Were Numerous Inconsistencies in Petitioner’s Testimony
The court upheld the denial of asylum to the petitioner, holding that substantial evidence supported the IJ’s and BIA’s adverse credibility determination because inconsistencies in petitioner's testimony were cumulatively persuasive of a lack of credibility. (Mashilingi v. Garland, 11/2/21)
CA6 Remands Domestic Violence Asylum Case for Consideration in Light of Vacatur of Matter of A-B- I
The court vacated the BIA’s decision and remanded the case with the direction to consider whether groups pertaining to domestic violence are cognizable particular social groups in light of the vacatur of Matter of A-B- I. (Zometa-Orellana v. Garland, 11/2/21)
CA9 Finds IJ’s Denial of Continuance of Petitioner’s Merits Hearing Violated His Right to Counsel
Applying a fact-based inquiry, the court held that the IJ’s refusal to grant a continuance of the petitioner’s merits hearing deprived him of his right to counsel, and thus granted the petition for review. (Usubakunov v. Garland, 11/1/21)
DHS OIG Releases Report Assessing Medical Vacancies in ICE Detention Facilities
DHS OIG evaluated the causes and impacts of medical vacancies at ICE facilities. DHS found that vacancies may increase the risk of inadequate care, but that circumstances of COVID-19 limit the assessment of all costs and effects. DHS made five recommendations and ICE concurred.
Attorney General Garland Announces Restoration of Standalone Office for Access to Justice
Attorney General Garland announced the restoration of a standalone Office for Access to Justice, as part of a phased strategic plan to expand community access to justice.
AILA and Partners Send Letter to Biden Administration on Access to Counsel and Legal Representation
AILA and partners sent a letter to the Biden administration highlighting the host of obstacles to attorney access that exist in immigration detention facilities nationwide and make recommendations on ways to eliminate the barriers.
CA7 Upholds BIA’s Conclusion That Petitioner Did Not Face a Substantial Risk of Torture as a Recent Deportee
Upholding the denial of Convention Against Torture (CAT) relief, the court found that the BIA correctly held that the IJ did not make any factual or legal error in finding that the petitioner did not face a substantial risk of torture as a recent deportee. (Mabuneza v. Garland, 10/28/21)
EOIR/ICE Joint Liaison Committee Fall Meeting with ICE ERO and OPLA
AILA’s EOIR/ICE Joint Liaison Committee provides final questions and answers from its October 28, 2021, engagement with ICE ERO and OPLA. Topics include current detention policies, ICE/ERO check-ins, guidance from OPLA on prosecutorial discretion, and delayed filing of Notices to Appear.
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.