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
Supreme Court Rules That Each of INA §276(d)’s Statutory Requirements Is Mandatory
The U.S. Supreme Court held that each of INA §276(d)’s statutory requirements for bringing a collateral attack on a prior removal order is mandatory, and that the respondent was not excused from making the first two showings set forth in §276(d). (United States v. Palomar-Santiago, 5/24/21)
AILA and Partners Send Letter Requesting DOJ and EOIR to Repeal the EOIR Fee Rule
AILA and partners sent a letter requesting DOJ and EOIR to repeal the EOIR fee rule that imposes draconian fee increases for critical immigration filings, and to ensure that any further rulemaking involving fees in EOIR proceedings does not deny due process or access to asylum to any person.
Presidential Memorandum on Restoring DOJ’s Access-to-Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable
On 5/18/21, President Biden issued a memorandum directing the Attorney General to “consider expanding DOJ’s planning, development, and coordination of access-to-justice policy initiatives,” and reinvigorating the White House Legal Aid Interagency Roundtable (LAIR). (86 FR 27793, 5/21/21)
ICE to Close Two Detention Centers in Massachusetts and Georgia
DHS Secretary Mayorkas directed ICE to discontinue use of the C. Carlos Carreiro Immigration Detention Center in North Dartmouth, Massachusetts. The secretary also instructed the ICE acting director to prepare to discontinue use of the Irwin County Detention Center in Ocilla, Georgia.
AILA Urges Further Shift Away from Detention as DHS Announces End to Contracts with Two Facilities
AILA welcomes news that ICE will end contracts with two detention facilities in Irwin County and Bristol County, but urges the Biden administration to take further action by conducting a full review of all people currently held in ICE custody and expanding community-based case management programs.
CA5 Says Conviction for Conspiracy to Commit Money Laundering Is an Aggravated Felony Under INA §101(a)(43)(D)
The court held that the petitioner’s conviction for conspiracy to commit money laundering plainly constituted an aggravated felony under INA §101(a)(43)(D), and that the remainder of the petitioner’s claims were either meritless or unexhausted. (Maniar v. Garland, 5/20/21)
AILA Welcomes Biden Administration Expansion of Access to Justice and Legal Representation
AILA welcomed news that President Biden will renew DOJ's efforts to expand access to justice and legal representation, noting that, “Having legal representation is the most important factor in ensuring fair and just proceedings.”
AILA and Partners Urge DOJ to Review EOIR Personnel and Install New Leadership
AILA and partners sent a letter urging DOJ to conduct a review of all EOIR personnel decisions made by the previous administration, immediately install new leadership in all key posts, and to diversify the immigration judge corps.
CA3 Rejects Government’s Attempt to Invoke Fugitive Disentitlement Doctrine, But Upholds Denial of Withholding of Removal
The court held that the government’s evidence of petitioner’s fugitive status was insufficiently probative to justify discretionary dismissal of his petition, but found that BIA did not err in denying petitioner’s withholding of removal application. (Galeas Figueroa v. Att’y Gen., 5/19/21)
EOIR Releases Workload and Adjudication Statistics
EOIR released workload adjudication statistics, including statistics on caseload, credible fear, reasonable fear, and asylum rates, detention time frames, in absentia orders, IJ corps, motions, representation rates, UAC, VTC hearings, hearing language, FOIA receipts, OCAHO receipts, and BIA appeals.
DHS OIG Finds ICE Did Not Consistently Provide Separated Migrant Parents the Opportunity to Bring Their Children Upon Removal
DHS OIG found that before 7/12/18, migrant parents were not consistently able to reunify with their children before removal, and that, in contradiction to claims by DHS and ICE, there was no policy or process requiring ICE officers to ascertain or honor parents’ decisions regarding their children.
Attorney General Issues Memo on Access to Justice
Attorney General Garland issued a memo reinvigorating DOJ's Office for Access to Justice and announcing a process to develop a plan for expanding DOJ's role in leading access-to-justice policy initiatives, including on how DOJ and partners can address barriers to access in the immigration systems.
CA9 Finds Nunc Pro Tunc Order Did Not Retroactively Establish Naturalized Parent’s Sole Legal Custody Under Former INA §321(a)
The court held that where it has not been proven that a custody order was entered in error, a nunc pro tunc order cannot retroactively establish a naturalized parent’s sole legal custody for purposes of derivative citizenship under former INA §321(a). (Padilla Carino v. Garland, 5/18/21)
AILA Submits Amicus Brief on “Totality of the Circumstances”
AILA submitted an amicus brief in Birhanu v. Garland arguing a totality of the circumstances approach and the Board’s prior PSC caselaw and urging the court to grant petitioner’s request for rehearing en banc.
OPLA Miami Scheduling - Attorney /Client Assignments (May 17 - June 11, 2021)
OPLA Miami scheduling for all non-detained from May 17 to June 11, 2021. These assignments were based upon dockets published by EOIR.
ICYMI: EOIR to Resume Hearings in Non-Detained Cases in Certain Immigration Courts
EOIR will resume non-detained individual and master calendar hearings in limited numbers at certain courts on 7/6/21. Those who don’t receive a notice of reset hearing by 6/22 should expect scheduled hearings to proceed in these courts. The option to file by email at these courts will end on 9/4.
EOIR Rescinds and Cancels Policy Memoranda 19-02 and 19-03
EOIR rescinded and canceled the following policy memoranda: PM 19-02, Guidelines Regarding New Regulations Governing Asylum and Protection Claims, and PM 19-03, Guidelines Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States.
EOIR Cancels PM 19-12 on Guidelines for Adjudicating Asylum and Protection Claims
EOIR rescinded and canceled PM 19-12, Guidance Regarding New Regulations Governing Asylum and Protection Claims. Per EOIR, the revocation is consistent with existing court orders and Executive Order 14010 of February 2, 2021.
EOIR Cancels PM 20-04 on the Implementation of Asylum Cooperative Agreements
EOIR rescinded and canceled PM 20-04, Guidelines Regarding New Regulations Providing for the Implementation of Asylum Cooperative Agreements. Per EOIR, the revocation is consistent with Executive Order 14010 and the suspension and forthcoming termination of the Asylum Cooperative Agreements.
EOIR Cancels PM 21-09 Setting Policy and Procedures for Asylum, Withholding, and CAT Protection
EOIR rescinded and canceled PM 21-09, Guidance Regarding New Regulations Governing Procedures for Asylum and Withholding of Removal and Credible Fear and Reasonable Fear Reviews. Per EOIR, the revocation is consistent with existing court orders and Executive Orders 14010 and 14012.
CA9 Says Derivative Citizenship Statute Does Not Require Child to Have Established LPR Status Prior to Age 18
The en banc court held that former INA §321(a)(5) does not require that a child have been granted lawful permanent resident (LPR) status, but does require that the child have demonstrated an objective official manifestation of permanent residence. (Cheneau v. Garland, 5/13/21)
CA9 Says Exceptional Circumstances Warrant Reopening of In Absentia Removal Orders of Salvadoran Mother and Child
The court held that exceptional circumstances warranted reopening of in absentia removal orders entered against a mother and her minor child due to the mother’s failure to appear, where the mother suffered from memory problems and was illiterate. (Hernandez-Galand v. Garland, 5/12/21)
CA5 Finds Plea Agreement That Lacked Judge’s Signature Could Serve as Clear and Convincing Evidence of a Conviction
The court held that the petitioner had failed to show that the IJ or the BIA had violated a statutorily imposed evidentiary requirement in finding that the plea agreement form proved the existence of a forgery conviction by clear and convincing evidence. (Nguyen v. Garland, 5/12/21)
CA5 Says Attorney General Interpreted INA §208(b)(2)(A)(iv) in Matter of A-H- Correctly as a Matter of Law
Where the government had ordered petitioner removed after he threatened to commit an act of terrorism, the court held that the Attorney General had interpreted INA §208(b)(2)(A)(iv) correctly, and thus that the government had lawfully terminated his asylum status. (Mirza v. Garland, 5/12/21)
CBP Provides Custody and Transfer Statistics
CBP provided custody and transfer statistics from FY2021, including data on in-custody information by location, dispositions for apprehended individuals and those considered inadmissible, and transfer destinations for individuals leaving CBP custody.