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
CA7 Rejects Petitioner’s Argument That BIA Should Have Found His Statutory Motion to Reconsider to Be Timely
The court found that the petitioner had failed to exhaust his administrative remedies before the BIA for his argument that his 2019 motion to reconsider was timely because it related back to his still-pending 2004 motion to reconsider. (Hernandez-Alvarez v. Barr, 12/16/20)
EOIR Final Rule on Procedures for Asylum and Withholding of Removal
EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 59692 on 9/23/20 with few changes. The rule is effective 1/15/21. (85 FR 81698, 12/16/20)
EOIR Final Rule on Appellate Procedures and Administrative Closure
EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The rule is effective 1/15/21. (85 FR 81588, 12/16/20)
AILA and Partners Send Letter Requesting Legislation to Create an Article l Immigration Court
Nearly 120 organizations, including AILA, sent a letter urging Rep. Lofgren (D-CA) to introduce legislation creating an Article l immigration court before the end of the 116th Congress or the beginning of the 117th Congress.
CA10 Says BIA’s Finding That Petitioner Could Safely Relocate Within Ghana Was Not Supported by Substantial Evidence
The court held that the government had failed to rebut the presumption that the petitioner, a son of the chief of the Challa tribe who had received death threats from members of the rival Atwode tribe, had a well-founded fear of future persecution in Ghana. (Addo v. Barr, 12/14/20)
CA11 Finds “Egregious Circumstances” Exception Did Not Apply to Release Petitioner from Her Attorney’s Concession of Removability
The court held that petitioner was bound by her attorney’s concession of removability because it was not obviously incorrect and because it was not a product of her attorney’s unreasonable professional judgment or so unfair that it led to an unjust result. (Dos Santos v. Att’y Gen., 12/11/20)
EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
AILA DOS Liaison Q&As (12/11/20)
Official AILA/DOS liaison Q&As from a 12/11/20 meeting. Topics include: visa fee payments, reason to believe determinations, the visa bulletin, Hong Kong normalization, NIEs under PP 10014, 10052, and the COVID-19 related travel restrictions, resumption of routine visa services, SAOs, and more.
DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the CAT. The final rule adopts the notice of proposed rulemaking published on 6/15/20 with few substantive changes. (85 FR 80274, 12/11/20)
Key Takeaways from AILA’s DOS Liaison Committee Meeting with the Department of State (12/11/20)
The DOS Liaison Committee provides key takeaways from the 12/11/20 liaison meeting with the Department of State. The information provided should be read in conjunction with the detailed, official responses provided by DOS.
Why I Do Federal Court Immigration Litigation: A Short Elegy
AILA member Brad Banias reflects on why he began focusing on federal court litigation and the case that started him down that path, highlighting the tremendous impact of Judge G. Ross Anderson who recently passed away
Plaintiff Files Lawsuit and Habeas Petition Against CBP Alleging That Purported Expedited Removal Order Was Invalid
The plaintiff filed a habeas petition and complaint in federal district court alleging that an unappointed CBP employee exercising unreviewable, unilateral discretion to revoke his visa and issue him a final removal order violated the Appointments Clause. (I.M. v. CBP, et al., 12/11/20)
South Florida Miami Immigration Court Legal Admin. Specialist/Legal Assistant Assignments
Miami Immigration Court Legal Admin. Specialist /Legal Assistant Assignments and contact information effective as of 12/10/2020.
New Rule Spells Death for the Asylum System - AILA and the Council Urge the Biden Administration to Prioritize Its Undoing
AILA and American Immigration Council leadership respond to the latest asylum regulation that would make it nearly impossible for most applicants to successfully claim humanitarian protection in the United States.
EOIR Issues Memo on Pro Bono Legal Services
EOIR issued a memo (PM 21-08) consolidating and updating EOIR policies related to pro bono legal services. This memo replaces OPPM 97-1, Maintaining the List of Free Legal Service Providers, and OPPM 08-01, Guidelines for Facilitating Pro Bono Legal Services.
EOIR Issues Memo Setting Forth Updated Adjournment, Call-Up, and Case Identification Codes
EOIR issued a policy memo (PM 21-07) rescinding PM 20-08, Definitions and Use of Adjournment, Call-Up, and Case Identification Codes, dated February 13, 2020, and setting forth updated codes used to track the case hearing process.
CA9 Holds It Lacks Jurisdiction to Review IJs’ Denials of Petitioners’ Motions to Reopen Credible Fear Proceedings
The court dismissed the petitions for review of the IJ’s decisions denying the petitioners’ motions to reopen their credible fear determinations on the basis that IJs lack jurisdiction to reopen credible fear proceedings under 8 CFR §1208.30(g)(2)(iv)(A). (Singh v. Barr, 12/9/20)
USCIS Provides Update on DACA Following Court Order Reinstating the Program
USCIS announced that in response to the 12/4/20 court order, effective 12/7/20, it will accept first-time requests for consideration of deferred action under DACA, accept renewal requests, accept applications for advance parole documents, and extend grants of deferred action and EADs to two years.
Continued Impact: Search for Separated Families and Availability of Mental Health Services
An NGO-led steering committee is searching for separated families and urge attorneys and families to call a dedicated 1-800 number to confirm their reunification status. The committee may also be able to connect separated families with other services including free mental health services.
CA10 Upholds CAT Denial as to Nigerian Petitioner Who Alleged He Was Attacked for His Homosexuality
The court upheld the denial of Convention Against Torture (CAT) relief as to petitioner, who alleged he had been attacked in Nigeria in 2006 because of his homosexuality, finding that the BIA’s adverse credibility determination was supported by substantial evidence. (Igiebor v. Barr, 12/7/20)
DOJ’s Immigration Court Practice Manual (Updated on 12/7/20)
On December 7, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
AILA and Partners Submit Amicus Brief on the Meaning of “Obstruction of Justice”
AILA submitted an amicus brief in Silva v. Barr urging the court to reject BIA’s definition of “obstruction of justice” and to find that plain meaning of the obstruction of justice aggravated felony provision requires interference in an ongoing judicial proceeding or grand jury investigation.
BIA Rules on Ineffective Assistance of Counsel
BIA ruled that counsel accepting responsibility of error does not discharge the disciplinary authority complaint obligation, and respondents seeking reopening based on ineffective counsel must show probability they would’ve prevailed otherwise. Matter of Melgar, 28 I&N Dec. 169 (BIA 2020)
District Court Orders DHS to Fully Restore DACA Program
District court orders DHS to accept first-time requests for DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to 9/5/17 and that one-year deferred action and EADs must be extended to two years. (Batalla Vidal, et al., v. Wolf, et al., 12/4/20)
EOIR Issues Memo Consolidating and Updating Policy Regarding the Processing of Asylum Applications
EOIR issued a policy memo (PM 21-06) consolidating and replacing OPPM 00-01 and OPPM 13-02. The memo concerns the processing of affirmative and defensive asylum applications, the asylum and EAD clocks, docketing and scheduling, BIA appeals, and more. This memo was rescinded 4/18/22.