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
Executive Order on Enforcement of U.S. Immigration Laws
On 1/20/25, President Trump issued Executive Order (EO) 14159, which revokes proclamations from President Biden on enforcement, border processing, and family reunification, among others. (90 FR 8443, 1/29/25)
EOIR Rescinds and Cancels OPPM on Enforcement Actions in or near OCIJ Space
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-06, “Cancellation of Operating Policies and Procedures Memorandum 23-01,” which rescinds and cancels the 12/11/23 OPPM providing guidance on DHS enforcement actions in or near Office of the Chief Immigration Judge (OCIJ) space.
AILA Amicus Brief Explains that BIA Decisions are Not Entitled to Deference Post Loper Bright
In the wake of the Supreme Court's decision in Loper Bright, BIA decisions are not entitled to deference or special respect on judicial review, and earlier court decisions relying on Chevron deference to uphold BIA statutory interpretation should be reconsidered.
ICE Releases Statement on “Enhanced Targeted Operations” in Chicago
ICE issued a short statement that it, along with federal partners, including the FBI, ATF, DEA, CBP, and the U.S. Marshals Service, began conducting “enhanced targeted operations” on 1/26/25 in Chicago to “enforce U.S. immigration law and preserve public safety and national security.”
USCIS Provides Information on Certain TPS Recipients with Removal Orders Seeking Adjustment of Status
USCIS provided information on certain Temporary Protected Status (TPS) recipients with removal orders seeking adjustment of status, noting that they may, in certain cases, ask the ICE Office of the Principal Legal Advisor (OPLA) to consider joining in a joint motion to reopen proceedings.
CA9 Holds That Conviction in Nevada for Felony Battery Resulting in Substantial Bodily Harm Was Categorically a Crime of Violence
The court concluded that the petitioner’s conviction for felony battery resulting in substantial bodily harm under Nevada Revised Statutes (NRS) §200.481(2)(b) was categorically a crime of violence, and thus affirmed the BIA’s removability determination. (Villagomez v. McHenry, 1/24/25)
CA5 Finds That BIA Failed to Consider Critical Evidence in Its Likelihood-of-Torture Assessment as to Salvadoran Petitioner
The court held that the BIA’s apparent failure to consider the petitioner’s affidavits in connection with his country conditions evidence on El Salvador warranted remand for further consideration of his Convention Against Torture (CAT) claim. (Aguilar-Quintanilla v. McHenry, 1/24/25)
Seeking Stays of Removal
The American Immigration Council and the National Immigration Project have issued a new practice advisory, “Stays of Removal.” A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States.
CA6 Holds That Petitioner’s Virginia Drug-Trafficking Conviction Was an Aggravated Felony
The court held that the petitioner’s conviction in Virginia for possessing with the intent to distribute methamphetamine was an aggravated felony under INA §101(a)(43)(B) that rendered him removable under INA §237(a)(2)(A)(iii). (Porter v. Bondi, 1/24/25)
DHS Issues Guidance on How to Exercise Enforcement Discretion
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
DHS Issues Statement on Directive Expanding Immigration Law Enforcement to Some DOJ Officials
DHS announced that on 1/23/25 Acting DHS Secretary Benjamine Huffman issued a directive giving DOJ law enforcement officials in the U.S. Marshals, DEA, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Prisons “authority to investigate and apprehend illegal aliens.”
Acting DHS Secretary Issues Finding of “Mass Influx of Aliens”
Acting DHS Secretary issued a finding, among other things, that “an actual or imminent mass influx of aliens is arriving at the southern border” and “presents urgent circumstances requiring an immediate federal response.” This finding is effective immediately and expires in 60 days, unless extended.
Practice Alert: Fifth Circuit Lifts DACA Injunction Outside Texas
Use this page to view the current state of the DACA program, which is entangled in litigation. See what DACA applications USCIS will accept and process, and what DACA applications are not being processed.
AILA Submits Amicus Brief in Support of Cancellation of Removal Where Child Aged out Due to Backlogs
AILA's brief argues that Petitioner should remain eligible for non-LPR Cancellation of Removal where her child was under 21 at the time of the individual hearing, even though her child later turned 21 while waiting for the grant to issue due to the backlog in issuing cancellation grants.
DHS Rescinds Guidelines for Enforcement Actions in or near Protected Areas and Issues Directive on Humanitarian Parole
DHS announced that on 1/20/25 Acting DHS Secretary Benjamine Huffman issued two directives, the first rescinding prior guidelines for ICE and CBP enforcement in or near protected areas, and the second ending “the broad abuse of humanitarian parole” and returning the program to a case-by-case basis.
DHS Reinstates Migrant Protection Protocols
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
Practice Alert: Order Rescinding a Number of EOs Impacts Immigration Policy
On January 20, 2025, President Donald Trump signed the Executive Order “Initial Rescissions of Harmful Executive Orders and Actions” (“Initial Rescissions”). This Executive Order rescinds a number of Biden executive orders, many of which had in turn rescinded a Trump 1.0 executive order.
ICE Issues Memo Providing Interim Guidance on Civil Immigration Enforcement Actions in or near Courthouses
Acting ICE Director Caleb Vitello issued a memo (ICE Directive 11072.3) providing interim guidance on civil immigration enforcement actions in or near courthouses. The guidance is effective immediately and remains in effect until superseded.
President Trump's America First Priorities Announced
The Trump Administration has released it's first set of priorities, among them, the "Make America Safe Again," which include immigration-related priorities. Among these are, reinstating Remain in Mexico policies and deportation operations, among others.
Enforcement Actions in or Near Protected Areas
This is an unpublished ICE memo rescinding a Secretary Mayorkas October 27, 2021 guidance. The rescission was referenced in a January 21, 2025 DHS press release.
BIA Holds That Respondent’s Evidence Did Not Show His Conviction Was Vacated for Procedural or Substantive Defect
The BIA held that evidence of post-conviction relief under California law respondent submitted with his motion to remand did not show his conviction was vacated for a procedural or substantive defect in the underlying criminal proceedings. Matter of De Jesus-Platon, 29 I&N Dec. 7 (BIA 2025)
BIA Holds That Parties Properly Served with Electronic Notice of Briefing Schedule Must Actively Monitor Inbox, Including Spam Folder
The BIA held that a representative’s failure to diligently monitor the inbox, including the spam folder, of the email address on record with EOIR does not excuse a party’s failure to comply with briefing deadlines. Matter of Arciniegas-Patino, et al., 28 I&N Dec. 883 (BIA 2025)
Practice Pointer: Filing Form G-28 for Individuals in Detention
Given recent technological updates, AILA’s National ICE Committee provides this practice pointer on options for Filing Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) for detained individuals.
AILA's ICE Liaison Committee Meets with ICE
Official meeting minutes of AILA’s ICE National Committee November 21, 2024 liaison engagement with ICE headquarters leadership, including personnel from the Office of the Principal Legal Advisor (OPLA) and Enforcement & Removal Operations (ERO).
Key Takeaways: Preparing for Removal Defense in the Trump Administration: AILA Town Hall Roundtable
AILA's video roundtable discussed removal defense under the Trump Administration, stressing proactive strategies, prioritizing high-risk cases, and staying updated on policy changes to effectively represent and protect clients amid shifting immigration policies.