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
EOIR Reinstates Memo on Legal Advocacy by Non-Representatives in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-18 rescinding the 5/5/22 Director’s Memorandum (DM) 22-06 and reinstating the 11/21/19 PM 20-05, which reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings.
2025 AILA Annual Conference and Webcast on Immigration Law
Registration is now open for the 2025 AILA Annual Conference and Webcast on Immigration Law. Join thousands of immigration attorneys, professors, paralegals, students, and special guests on June 18-21 in Denver, CO, as we recharge our spirits, hone our skills, and strengthen our community.
Executive Order on Additional Measures to Combat Anti-Semitism
On 1/29/25, President Trump issued Executive Order (EO) 14188 that, among other actions, directs certain heads of agencies to include in reports to the president recommendations to familiarize colleges and universities with the grounds for inadmissibility under INA §212(a)(3). (90 FR 8847, 2/3/25)
EOIR Rescinds Memo Providing Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-16 that rescinds the 9/28/23 Director’s Memorandum (DM) 23-04, which provided guidance to EOIR adjudicators on DHS enforcement priorities and prosecutorial discretion initiatives.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Featured Issue: Representing Clients Before ICE
This resource page combines AILA and partner resources for attorneys representing clients before ICE. Includes contact information and website links to procedures and policies related to ICE’s operations.
BIA Holds That Respondent’s Texas Convictions for Aggravated Assault and Failure to Stop and Give Aid Were Separate Schemes of Misconduct
The BIA held that two crimes involving moral turpitude, premised on separate turpitudinous acts with different goals, neither of which was committed in the course of accomplishing the other, constitute separate schemes of criminal misconduct. Matter of Baeza-Galindo, 29 I&N Dec. 1 (BIA 2025)
EOIR Issues Memo Reinstating Prior Guidance on Child Advocates in Immigration Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-14, rescinding a 2023 Director’s Memorandum (DM) that directed IJs to accept certain filings as evidence and to allow certain witnesses to testify, and reinstating the 11/15/19 PM 20-03, “Child Advocates in Immigration Proceedings.”
EOIR Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
TRO Leads to Restart of Critical Legal Access Programs
On January 31, 2025, a U.S. District Court temporarily restarted legal access programs that were halted by the DOJ. The programs provide legal services to vulnerable populations, including children, families, and detained adults. Last week, AILA members asked Congress to urge these programs restart.
ICE Releases Memo on Enforcement Actions in or Near Protected Areas
ICE Acting Director Caleb Vitello issued a memo, “Common Sense Enforcement Actions in or Near Protected Areas,” stating that DHS will not be issuing bright line rules on where immigration laws are allowed to be exercised, but instead will issue guidance on exercising enforcement discretion.
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
Chief U.S. District Judge Dolly M. Gee extended the Juvenile Care Monitor’s term by six months, from 12/27/24 until 6/27/25, and extended the termination date of the 2022 Settlement Agreement by 18 months, from 1/29/25 until 7/29/26. (Flores, et al. v. McHenry, et al., 1/30/25)
ICE Issues Guidance on Enforcement Actions Involving Beneficiaries of Victim-Based Immigration Benefits
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 11005.4) providing interim guidance on civil immigration enforcement actions involving current or potential beneficiaries of victim-based immigration benefits. The guidance is effective immediately.
ICE Releases Memo on Suspension of the 287(g) Program Advisory Board
ICE Acting Director Caleb Vitello issued a memo suspending the 287(g) Program Advisory Board (PAB) and its governance structure effective immediately. The memo states that this will allow ICE to enter into agreements with state and local law enforcement agencies under INA §287(g) in a timely manner.
EOIR 30-Day Notice and Extension of Comment Period on Form EOIR-40
EOIR 30-day notice and extension of the comment period on proposed revisions to Form EOIR-40, Application for Suspension of Deportation, originally announced at 89 FR 91786 on 11/20/24. Comments are now due 3/3/25. (90 FR 8535, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)
Executive Order on Enhancing Visa Vetting and Screening
On 1/20/25, President Trump issued Executive Order (EO) 14161 to further enhance the vetting and screening processes across agencies all relevant federal agencies for purposes of visa issuance. (90 FR 8451, 1/30/25)
Practice Pointer: How to Locate Clients Apprehended by ICE
AILA’s National ICE Committee provides this practice pointer to assist attorneys with best practices and tips for locating clients that have been apprehended by ICE or will be transferred to ICE custody.
Practice Pointer: Preparing for an Order of Supervision Appointment with ICE-ERO
AILA’s National ICE Committee provides this practice pointer to help attorneys prepare for their client’s order of supervision appointments with ICE-ERO. This resource identifies proactive steps to undertake in light of the potential for enforcement actions against clients at these appointments.
DHS Notice of Finding of Mass Influx of Aliens
DHS notice titled “Notice of Finding of Mass Influx of Aliens,” which provides the text of the Acting Secretary of DHS’s 1/23/25 “Finding of Mass Influx of Aliens.” (90 FR 8399, 1/29/25)
EOIR Reinstates Policy Memo on Pro Bono Legal Services
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-08, which rescinds and cancels the 11/5/21 Director’s Memorandum (DM) 22-01 and reinstates the 12/10/20 PM 21-08 that consolidated and updated EOIR policies related to pro bono legal services.
EOIR Rescinds Memo with Guidance on DHS Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-09, which states that it is rescinding and canceling the 6/11/21 PM 21-25 that provided EOIR policies regarding the effect of DHS enforcement priorities and the use of prosecutorial discretion.
EOIR Reinstates Memo with Guidelines for Immigration Court Cases Involving Juveniles
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-10 rescinding and canceling the 12/21/23 Director’s Memorandum (DM) 24-01 and reinstating the 12/20/17 Operating Policies and Procedures Memorandum (OPPM) 17-03 with guidelines for immigration court cases involving juveniles.
Presidential Memo on Expanding Detention Center at Guantanamo Bay to Full Capacity
President Trump issued a memo on expanding the Migrant Operations Center at Naval Station Guantanamo Bay to full capacity to “provide additional detention space for high-priority criminal aliens unlawfully present in the United States.”