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 ERO Northern Florida NGO Contact Sheet - Jacksonville (May 2021)
ICE ERO Jacksonville contact information for Northern Florida NGOs for Detained Case Management, Non-Detained Case Management, and Alternatives to Detention as of May 2021.
DHS OIG Finds Violations of ICE Detention Standards at Pulaski County Jail
DHS OIG identified several violations of ICE detention standards at the Pulaski County Jail. The jail did not enforce COVID-19 precautions, which may have resulted in repeated transmissions at the facility, and did not meet standards for medical care, segregation, or detainee communication.
SCOTUS Rules NTA Sufficient to Trigger the Stop-Time Rule Must Be a Single Document
The Supreme Court held that a notice to appear (NTA) sufficient to trigger the IIRIRA’s stop-time rule is a single document containing all the information about an individual’s removal hearing. (Niz-Chavez v. Garland, 4/29/21)
Members of Congress Send Letter Supporting Funding for Providing Legal Representation to Individuals in Removal Proceedings
Forty-eight House representatives, led by Congresswoman Norma Torres (D-CA), sent a letter to the House Committee on Appropriations to support funding to expand federal programs that provide legal representation for individuals facing federal immigration court removal proceedings.
CA4 Says Petitioner Failed to Exhaust Argument That Pardoned Offenses Do Not Qualify as Convictions Under the INA
Where the petitioner had been pardoned by the state of Georgia for drug and firearm offenses after DHS had sought to remove him based on his convictions, the court held that he did not exhaust his argument that pardoned offenses do not qualify as convictions. (Tetteh v. Garland, 4/27/21)
ICE Acting Director and CBP Acting Commissioner Issue Memo on Civil Immigration Enforcement Actions In or Near Courthouses
ICE Acting Director Tae Johnson and Acting CBP Commissioner Troy Miller issued a memo to ICE and CBP personnel pertaining to the limited circumstances in which civil immigration enforcement actions may be carried out in or near a courthouse. This policy supersedes an ICE directive issued in 2018.
EOIR 60-Day Notice and Request for Comment on Proposed Revisions to Form EOIR-26A
EOIR 60-day notice and request for comment on proposed revisions to Form EOIR-26A, Fee Waiver Request. Please see editor’s note regarding comment period end date. (86 FR 22266, 4/27/21)
ICE 60-Day Notice and Request for Comments on New “Flight Manifest/Billing Agreement”
ICE 60-day notice and request for comment on a new information collection titled “Flight Manifest/Billing Agreement,” which will be used to confirm Space Available passengers on any ICE-chartered flight and to bill for their airfare. Comments are due 6/28/21. (86 FR 22246, 4/27/21)
ICE Rescinds Civil Penalties for Failure to Depart
DHS announced that ICE has rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the United States. ICE had initiated enforcement of civil penalties in 2018; as of January 20, 2021, ICE ceased issuing these fines.
CA2 Holds That Conviction for Second-Degree Assault in New York Is a Crime of Violence
Denying the petition for review, the court held that a conviction for second-degree assault under New York Penal Law §120.05(1) is a crime of violence as defined in 18 USC §16(a). (Thompson v. Garland, 4/22/21)
DOJ OIG Releases Limited-Scope Review of EOIR’s Response to the COVID-19 Pandemic
DOJ OIG reviewed EOIR’s handling of the COVID-19 pandemic and found various factors limited the efficacy of EOIR’s actions to mitigate the spread of COVID-19 during immigration proceedings. DOJ OIG identified several shortcomings in EOIR’s decisions and practices that hindered its pandemic response.
ICE ERO/AILA South Florida Liaison Meeting Minutes (4/22/21)
Minutes from the South Florida Chapter’s meeting with the ICE ERO office.
AILA Submits Amicus Brief on Oregon’s First-Degree Burglary Statute
AILA submitted a brief arguing Oregon’s first-degree burglary statute, ORS §164.225(1), is overbroad because it criminalizes entry of a non-dwelling with a firearm or with burglary tools and criminalizes a person’s entry on curtilage, and that for convictions before 2020, the offense is indivisible.
How the Trump Administration Broke the Immigration Court System
In just four years, the Trump administration implemented radical changes that fundamentally compromised the integrity of the immigration courts and their ability to ensure fairness and impartiality. This page provides a record of the changes made to the court system under the administration.
AILA and Partners Submit Amicus Brief Arguing That the BIA’s Narrow Reading of the Nexus Requirement Restricts Meritorious Claims Brought by Transgend
AILA and partners submitted an amicus brief urging the Ninth Circuit to vacate the BIA’s decision to deny a transgender Mexican woman asylum and withholding, arguing that the BIA’s too-narrow nexus requirement, left-standing, will drastically restrict meritorious claims brought by transgender women.
Elected Officials from California Urge President Biden to Expand Federally Funded Legal Representation Programs
Twenty-nine California state senators and assembly members sent a letter to President Biden urging the expansion of federal programs and funding to provide legal representation and related services for individuals who face federal immigration court removal proceedings without the advice of counsel.
CA8 Says “Serious Reasons for Believing” Standard Under INA §208(b)(2)(A)(iii) Requires a Finding of Probable Cause
Where BIA had denied asylum to petitioner based on a finding that serious reasons exist to believe he committed a serious nonpolitical crime, the court held that the “serious reasons for believing” standard requires a finding of probable cause. (Barahona v. Garland, 2/3/21, amended 4/15/21)
CRS Releases Report on DACA by the Numbers
CRS released a report providing data on DACA, including estimates of the DACA-eligible and DACA-recipient population as well as information on the socioeconomic characteristics of DACA recipients. The report also includes information on DACA recipients who have become lawful permanent residents.
CA8 Concludes That Petitioner Was Barred from Cancellation of Removal Based on His Iowa Conviction for Possessing Marijuana
The court held that the BIA did not err in determining that petitioner’s Iowa conviction for possession of a controlled substance disqualified him from relief in the form of cancellation of removal, because the Iowa statute is divisible as to marijuana offenses. (Arroyo v. Garland, 4/14/21)
BIA Says IJs May Rely on Material Misrepresentation Before USCIS in Assessing Inadmissibility Under INA §212(A)(6)(C)(i) for Purposes of Adjustment of
The BIA ruled that an IJ may rely on material misrepresentation during an interview before USCIS to remove the conditional basis of permanent residence in assessing inadmissibility under INA §212(A)(6)(C)(i) for purposes of adjustment of status. Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)
CA9 Concludes IJ’s Adverse Reasonable Fear of Torture Determination Was Not Supported by Substantial Evidence
Granting the petition for review and remanding, the court held that the IJ’s decision to affirm the asylum officer’s adverse reasonable fear of torture determination as to the Honduran petitioner was not supported by substantial evidence. (Alvarado-Herrera v. Garland, 4/13/21)
South Florida WebEx EOIR Stakeholders’ Meeting Notes (4/13/21)
Notes from the WebEx EOIR stakeholders’ meeting on April 13, 2021.
ERO Miami Contact List (April 2021)
Contact information for ERO Miami updated as of April 2021.
AILA Submits Amicus Brief on Materiality of Evidence of Changed Country Conditions
AILA submitted an amicus brief in the first circuit arguing that the court should adopt a “logical connection” test as the proper analysis for materiality of evidence of changed country conditions in the context of a motion to reopen. The brief also discusses the prima facie eligibility requirement.
BIA Rules Applicant Seeking Withholding Is Not Limited to Seeking Withholding from Country of Prior Removal
The BIA ruled that an applicant may seek withholding of removal from a country even if that country is different from the country of removal originally designated in the reinstated removal order on which the withholding-only proceedings are based. Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)