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
Practice Alert: What Happens If the Government Shuts Down
House Republicans are attempting to avoid a government shutdown less than two months into President Trump’s term, an effort made difficult due to their slim majority. Use this page to know what might happen if the government does shut down.
Convention Against Torture Assessment Notice For Alien(s) Whose Entry Has Been Suspended and/or Restricted Pursuant to INA §§ 212(f) or 215(a)
This is a sample of 212(f) CAT screening interview notes from an individual who failed the 212(f) screening. Private information has been redacted.
The individual sought asylum in between the official ports of entry after 1/20/25. Interview occurred in ICE custody by an Asylum Officer via phone.
CA2 Holds That DHS May Not Parole an LPR Who Has Been Charged with, but Not Convicted of, a CIMT
The court held that DHS may not parole a lawful permanent resident (LPR) at the border who has been charged with—but not yet convicted of—a crime involving moral turpitude (CIMT), and concluded BIA erred in finding petitioner removable under INA §212(a)(2)(A)(i)(I). (Lau v. Bondi, 3/4/25)
CA6 Finds Petitioner’s Virginia Arson Conviction Qualified as an Aggravated Felony
The court held that the petitioner’s conviction for arson in violation of Virginia Code §18.2-77 constituted an aggravated felony under INA §101(a)(43)(E)(i), concluding that the Virginia arson statute was not broader than the federal arson statute. (Mohammed v. Bondi, 3/4/25)
USCIS Releases Policy Memo on Issuance of NTAs in Cases Involving Inadmissible and Removable Noncitizens
USCIS released a policy memorandum that will be used to guide the issuance of Notices to Appear (NTAs) by all USCIS employees in cases involving inadmissible and removable noncitizens.
ICE Announces Expansion of Detention Capacity with Delaney Hall Facility in New Jersey
ICE announced the imminent reopening of the Delaney Hall Facility in Newark, New Jersey, after reaching an agreement with the facility’s owner to reestablish the federal immigration processing and detention center at the 1,000-bed facility.
Featured Issue: Prosecutorial Discretion
The Supreme Court issued a decision on a challenge to the Biden Administration’s enforcement priorities guidance. This resource page provides information on prosecutorial discretion, its importance as a tool for ICE, and AILA’s support of prosecutorial discretion in immigration enforcement.
DHS Announces It Will Enforce Laws That Impose Penalties on Undocumented Immigrants
DHS announced that it will use multiple tools to track undocumented immigrants and may impose criminal penalties for certain noncitizens who willfully fail to depart the United States, fail to register with the government and be fingerprinted, or fail to apprise the government of address changes.
USCIS Provides Update on Alien Registration Requirement
USCIS provided information on the “Alien Registration Requirement” under INA §262, stating that USCIS is establishing a new form and process by which undocumented immigrants may register. The notice includes details on who has already registered, who must apply for registration, and how to register.
Practice Pointer: Escalating Issues with ICE ERO & OPLA
It is important to know how to effectively escalate concerns while maintaining professionalism and advocating for your client’s interests. AILA’s National ICE Committee provides the following practice pointers.
AILA Urges VOTE NO on Preventing Violence Against Women by Illegal Aliens Act
AILA urges members of Congress to vote NO on “Preventing Violence Against Women by Illegal Aliens Act.” The bill would render noncitizens who have committed certain domestic violence crimes including stalking, child abuse, and child neglect inadmissible and deportable under federal immigration law.
CA8 Upholds Denial of Untimely Motion to Reopen Where Petitioner Received Valid Notices of Hearing
The court held that the petitioner could not demonstrate lack of notice because he had received two valid Notices of Hearing, and thus the BIA did not abuse its discretion when it declined to reopen its removal order and toll the deadline for lack of diligence. (Manyary v. Bondi, 2/21/25)
DHS Secretary Deputizes Certain DOS Officials as Immigration Officers
DHS announced in a statement that, on 2/18/25, DHS Secretary Kristi Noem signed a memorandum deputizing up to 600 special agents within the State Department’s Diplomatic Security Service across the United States to assist with arresting and deporting undocumented immigrants.
EOIR Issues Policy Memo on Access EOIR Initiative
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-22 on re-establishing “appropriate, ethical, and lawful boundaries” for the Access EOIR Initiative.
Practice Tips on How to Prepare Noncitizens for Possible Detention
AILA’s ICE National Committee provides the following suggestions for how to help noncitizens create a plan of action, in the event of a possible detention.
CA4 Holds That Salvadoran Asylum Seeker Failed to Meet “Unable or Unwilling” Government Control Requirement
Upholding the BIA’s denial of the petitioner’s motion to reconsider his asylum application, the court held that circuit precedent requires an applicant to show the home government’s inability or unwillingness to control a non-state persecutor. (Molina-Diaz v. Bondi, 2/19/25)
ICE Issues Guidance on Use of Body Worn Cameras
On 2/19/25, ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 19010.3) to establish policy for the use of Body Worn Cameras (BWCs) by ICE Law Enforcement Officers and Agents (LEOs).
ICE Issues Guidance on Stays of Removal and Private Immigration Bills
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 5004.3) with guidance on stays of removal and private immigration bills. The guidance is effective immediately and remains in effect until superseded.
DHS Provides Fact Sheet on Immigration Services Program
DHS provided a fact sheet on the Science and Technology Directorate’s Immigration Services Program, which will support DHS in matters related to immigration custody, case processing, and removal operations, as well as seek to prevent immigration fraud, improve data management, and more.
DHS Announces Ad Campaign Encouraging Self-Deportation and Discouraging Undocumented Migration
DHS Secretary Kristi Noem announced a domestic and international multimillion-dollar advertising campaign encouraging self-deportation and discouraging potential undocumented immigrants from coming to the United States.
CA8 Upholds Asylum Denial Where Algerian Petitioners’ Son with Disability Was Denied Medical Care
The court held that substantial evidence supported the BIA’s conclusion that the lack of medical treatment received by petitioners’ son with spina bifida arose from motives unrelated to persecution by the Algerian government, and thus upheld the denial of asylum. (Ferchichi v. Bondi, 2/14/25)
Expedited Removal: Key Updates, Who Is Impacted, and How to Fight Back
This resource will provide updates and guidance on the new expansion of expedited removal.
EOIR Rescinds Memo on Revised Case Flow Processing Before the Immigration Courts
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-21 rescinding and canceling the 12/16/21 Director’s Memorandum (DM) 22-04, which set a default filing deadline in non-detained cases of 15 days before individual calendar hearings.
Practice Alert: New EOIR Policy Memoranda
Since January 20, 2025, EOIR has released various Policy Memoranda (PM). A list of the memoranda is published on the EOIR website. This practice alert is meant to give practitioners a sense of the content of each memo as well as the relevant link for further reading.
CA9 Holds That Petitioner’s Conviction for First-Degree Criminal Mistreatment in Oregon Was a CIMT
The court held that the petitioner’s conviction for first-degree criminal mistreatment in Oregon was a crime involving moral turpitude (CIMT), and that the petitioner was ineligible for cancellation of removal under INA §240A(a). (Murillo-Chavez v. Bondi, 2/13/25)