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
IJ Issues Interlocutory Decision Finding That Certain Noncitizens Detained and Released by DHS Have Been Paroled
An IJ with the Miami Immigration Court issued an interlocutory decision finding that inadmissible applicants for admission who are detained by DHS and later released into the United States have been paroled, and certified his decision to the BIA for review. (Matters of D-G-, et al., 1/4/21)
CA8 Holds That DHS Was Permitted to Substitute CIMTs Charge for Immigration Fraud Charge as Basis for Petitioner’s Removal
The court held that, in seeking the petitioner’s removal, DHS could choose to rely on a claim that the petitioner had committed crimes involving moral turpitude (CIMTs), rather than on the alternative claim that she had committed immigration fraud. (Herrera Gonzalez v. Rosen, 1/4/21)
USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA
USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA.
EOIR to Host Information Sessions in Advance of ECAS Launch at Several Immigration Courts
EOIR invites stakeholders to attend virtual information sessions on 1/14/21 and 1/28/21 in advance of ECAS launch at the Cleveland, Fishkill, Kansas City, Las Vegas, and Ulster immigration courts. RSVP to EngagewithEOIR@usdoj.gov by noon (ET) the day before the session you wish to attend.
South Florida Miami IJ Cole: ROR Is Parole
In an interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. He certified his decision up to the BIA.
South Florida ERO Update (January 2021)
This update addresses attorney-client visitation and other procedures at the three South Florida detention centers, as well as procedures at Miramar.
EOIR Released Statistics on Pending Cases
EOIR released statistics on pending cases, initial receipts, and total completions from FY2008 through the first quarter of FY2021. As of the end of the first quarter of FY2021, EOIR had 1,277,152 pending cases in the queue, and had completed 20,739 cases.
EOIR Issues Memo Cancelling Certain Operating Policies and Procedures Memoranda
EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh.
DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)
On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
DHS Releases FY2020 Enforcement Lifecycle Report
DHS released its FY2020 enforcement lifecycle report describing the final or most current outcomes, as of 3/31/20, associated with the 3.5 million southwest border encounters occurring between 2014 and 2019. Repatriations accounted for 51 percent of encounters, while 8.1 percent were granted relief.
USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D
USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20)
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Irwin County Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Irwin County Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Stewart Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Stewart Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
President Trump Issues Memorandum Extending Memorandum on Visa Sanctions
President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President.
CA9 Holds That Petitioner Who Adjusted to Permanent Resident Under SAW May Be Removed at Present Time
The court held that, under the Special Agricultural Worker program (SAW), a noncitizen who was inadmissible at the time of his adjustment to temporary resident status may be removed after his automatic adjustment to permanent resident status. (Hernandez Flores v. Rosen, 12/30/20)
CA11 Says Substantial Evidence Supported BIA’s Finding That Petitioner Committed Fraud with Loss Amount over $10,000
The court upheld the BIA’s finding that petitioner’s Florida convictions for money laundering and workers’ compensation fraud were aggravated felonies because each conviction involved fraud in which the amount of loss to the victim exceeded $10,000. (Garcia-Simisterra v. Att’y Gen., 12/30/20)
CA9 Affirms District Court’s Denial of Government’s Motion to Terminate Flores Settlement Agreement
The court held that the district court had correctly concluded that the Flores Settlement Agreement was not terminated by new regulations adopted by HHS and DHS in 2019, and that the government did not show that changed circumstances justified termination. (Flores v. Rosen, 12/29/20)
CA5 Dismisses for Mootness After Finding Inadmissibility Was Not a Collateral Consequence of BIA’s Withholding-Only Decision
The court held that even if the BIA had erred in denying withholding of removal to the petitioner, inadmissibility was not a collateral consequence of the BIA’s decision, because the petitioner would still be subject to his February 2012 removal order. (Mendoza-Flores v. Rosen, 12/29/20)
Practice Alert: EOIR Updates Practice Manual; Changes Filing Deadlines for Non-Detained Cases
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual. Among other changes, the OCIJ changed the filing deadlines for non-detained cases from 15 days to 30 days prior to the hearing.
EOIR Releases Factsheet on "Myths vs. Facts About Immigration Proceedings"
EOIR released an updated factsheet on "Myths vs. Facts About Immigration Proceedings."
AILA and the Council Submit Comments on EOIR’s Proposed Rulemaking on Motions to Reopen and Reconsider
AILA and the Council submitted comments urging EOIR to rescind its proposed rule on motions to reopen and motions to reconsider, and to reopen the comment period for an additional 30 days, arguing that it would create far-reaching changes to the long-standing procedures governing motions practice.
CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia
The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20)
Practice Pointer: How to File FOIA Requests with EOIR
AILA National's FOIA Committee has prepared a Practice Pointer on how to file a Freedom of Information Act (FOIA) request with the Executive Office for Immigration Review (EOIR).
CA1 Upholds Withholding of Removal Denial to Honduran Petitioner Who Claimed He Was Persecuted by Local Police
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20)
DOJ’s Immigration Court Practice Manual (Updated on 12/23/20)
On December 23, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.