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 Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration
The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)
CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story
The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)
DHS Provides a Privacy Impact Assessment for the Biometric Identification Transnational Migration Alert Program
DHS released a Privacy Impact Assessment that describes how the Biometric Identification Transnational Migration Alert Program (BITMAP) leverages biometric and biographic information as part of ICE’s effort to detect and dismantle transnational criminal and terrorist networks.
Resources on Litigation Challenging President Trump's Invocation of AEA
View the ACLU's webpage providing information on the lawsuit it filed along with Democracy Forward and the ACLU District of Columbia over President Trump's invocation of the Alien Enemies Act of 1798 (AEA). (J.G.G. v. Trump, 3/15/25)
ACLU and Democracy Forward Sue Trump Administration over Expected Invocation of Alien Enemies Act
Read the ACLU and Democracy Forward's press release about suing the Trump Administration over the President's "expected unlawful and unprecedented invocation of the Alien Enemies Act."
DHS Launches International Ad Campaign on Self-Deportation and Undocumented Migration
DHS announced that, on 3/15/25, it launched its international, multimillion-dollar ad campaign warning undocumented individuals not to come to the United States. The ads will run on radio, broadcast, and digital platforms in multiple countries and regions and in various dialects.
EOIR Notice of Information Collection on Form EOIR-31A
EOIR 60-day notice of proposed information collection on Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative. Comments are due by 5/13/25. (90 FR 12178, 3/14/25)
EOIR Notice of Information Collection on Form EOIR-31
EOIR 60-day notice of proposed information collection on Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization. Comments are due by 5/13/25. (90 FR 12176, 3/14/25)
CA2 Finds It Lacked Jurisdiction to Review Denial of Cancellation Where IJ Found Petitioner Gave False Testimony
The court held that the IJ’s determination that the petitioner had given false testimony for the purpose of obtaining an immigration benefit was an unreviewable question of fact, and upheld the denial of cancellation of removal under INA §242(a)(2)(B). (Penaranda Arevalo v. Bondi, 3/7/25)
Policy Brief: Explaining the Foreign Policy Ground of Removability
The federal government’s arrest and detention of a Columbia University student, Mahmoud Khalil, has put a national spotlight on an obscure provision of immigration law. This policy brief explains this law and the constitutional and statutory concerns with the government’s actions against Khalil.
EOIR Issues Policy Memo Canceling Director’s Memo on Internet-Based Hearings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-25 rescinding and canceling Director’s Memorandum (DM) 22-07, which provided guidance to IJs on internet-based video hearings, stating that the DM was “purposeless,” ultra vires, and contradictory of a prior PM.
CA2 Remands After Finding IJ Improperly Applied Matter of M–A–M– Framework
The court held that the IJ improperly applied the Matter of M–A–M– framework to the petitioner’s case by failing to consider the character, scope, and severity of the petitioner’s disabilities and his competency to proceed at his hearing without safeguards. (Reid v. Bondi, 3/14/25)
CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism
Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)
Featured Issue: Immigration Detention and Alternatives to Detention
AILA calls on Congress to significantly reduce and phase out the use of immigration detention for enforcement purposes, including custodial family detention. Learn more about this issue and how you can join the effort.
CA1 Finds BIA Applied Wrong Burden of Proof in Finding DHS Had Established Petitioners’ Alienage
The court held that the IJ and BIA applied the wrong burden of proof in concluding that DHS had established petitioners’ alienage by “clear and convincing” evidence, finding that the agency was instead required to use the “clear, unequivocal, and convincing” standard. (Rosa v. Bondi, 3/13/25)
CA6 Finds It Lacked Jurisdiction over BIA’s Denial of Waiver Based on Hardship Conclusion
The court dismissed the petition for review, holding it lacked jurisdiction to review the BIA’s determination that petitioner had failed to establish the extreme hardship to a qualifying relative for a waiver of inadmissibility under INA §212(a)(9)(B)(v), (i)(1). (Rahman v. Bondi, 3/13/25)
ICE Releases Information on Arrests Made During First 50 Days of Trump Administration
ICE released information on arrests made during the first 50 days of the Trump Administration, reporting that the agency made 32,809 enforcement arrests during that time period.
CA10 Upholds Asylum Denial to Indian Petitioner Who Feared Persecution from Badal Party Members
The court held that the BIA did not misinterpret the unable-or-unwilling standard in ruling that petitioner failed to prove India was unable or unwilling to protect him from private persecutors, and found BIA’s factfinding satisfied the substantial evidence standard. (Singh v. Bondi, 3/11/25)
CA3 Upholds Denial of Cancellation to Petitioner Whose Son Suffered from Behavioral and Emotional Problems
The court held that substantial evidence supported the IJ’s conclusion that the financial and emotional harm the petitioner’s removal would likely cause to his U.S.-citizen son did not rise to the level of exceptional and extremely unusual hardship. (Wilkinson v. Bondi, 3/11/25)
CA6 Upholds Asylum Denial to Petitioners Who Were Threatened by Loan Sharks in India
The court held that there was a lack of nexus between the petitioners’ proposed social groups and their risk of future persecution, finding that petitioners failed to show that a reason the loan sharks threatened them was because they were loan-shark victims. (Patel, et al. v. Bondi, 3/11/25)
CBP Launches CBP Home Mobile App with New Report Departure Feature
CBP announced the launch of its public-facing mobile application, CBP Home, which replaces the CBP One app and has a new feature, “Intent to Depart,” that provides individuals who are unlawfully present a voluntary process to notify the government of their intent to depart the United States.
DHS Announces Expanded Leadership to Revamp ICE
DHS Secretary Kristi Noem issued a statement announcing new leadership to ICE to “reinstitute a culture of results and accountability.” Todd Lyons will serve as Acting ICE Director, and Madison Sheahan will serve as Deputy Director of ICE.
Policy Brief: The Trump Administration's Assault on Immigration Courts
Analysis of the recent updates from the Executive Office of Immigration Review (EOIR) on how new policies and agency terminations will impact removal proceedings.
Reuters Releases Updated Guidance From ICE on Expedited Removal
Reuters published a story today, containing the email guidance from ICE ERO on updated policies regarding expedited removal and certain detentions.
CA2 Remands Asylum Claim of Chinese Petitioner Whose Home Was Demolished Without Just Compensation
Where petitioner claimed he had been persecuted by the Chinese government due to his opposition to its “forcible demolition” policy, the court held that the IJ and BIA failed to consider material evidence bearing on petitioner’s claims for asylum and related relief. (Tian v. Bondi, 3/5/25)