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
Vote Recommendation: AILA Urges Congress to Vote NO on the FY26 Budget Reconciliation Bill
On 6/3/26, AILA sent a vote recommendation to Congress urging it to not provide ICE and Border Patrol an additional $70 billion in funding through the FY26 Budget Reconciliation bill.
NJ Spotlight News: ‘Black box’: Trump Administration Moves to Wipe Out ICE Watchdog
The Administration’s latest budget request to Congress would cut all funding and staff for the Office of the Immigration Detention Ombudsman. AILA Senior Director of Government Relations Greg Chen emphasized that as the detained population has exploded, DHS oversight agencies are being wiped out.
AILA Statement Submitted to House Judiciary Committee: Oppose H.R. 175 “Deport Alien Gang Members Act”
On 6/2/26, AILA submitted a statement to the House Judiciary Committee opposing H.R. 175, the “Deport Alien Gang Members Act.” The statement highlights that instead of improving public safety, the bill would result in ICE targeting people with no gang ties who pose no threat to public safety.
BIA Holds That Prior UAC Designation and Approved SIJ Petition Do Not Give IJs Bond Authority over Applicants for Admission
The BIA held that neither a previous designation as an unaccompanied child (UAC) nor an approved special immigrant juvenile (SIJ) petition gives an IJ authority to redetermine the custody status of a noncitizen who has not been admitted. Matter of N–A–G–C–, 29 I&N Dec. 662 (BIA 2026)
Call for Questions: EOIR Updates at 2026 AILA Annual Conference
AILA’s EOIR Liaison Committee invited former EOIR officials to the EOIR Agency Updates panel at the Annual Conference and seeks member questions to inform discussion. Submissions may shape topics but do not guarantee inclusion.
EOIR Policy Memorandum (PM) on Cancellation of PMs 21-17, 21-19, 21-20, 21-21, and 21-22
EOIR Director Daren K. Margolin issued policy memorandum (PM) 26-05 cancelling PMs 21-17, 21-19, 21-20, 21-21, and 21-22, all of which cancelled earlier policy memoranda. However, this memorandum does not reinstate those earlier policy memoranda.
BIA Holds That Government’s Deference to Tribal Conflict-Resolution Mechanisms Does Not Show It Is Unable or Unwilling to Control Persecutors
The BIA held that although a government may generally defer to tribal mechanisms for resolving tribal conflict, doing so does not indicate the government is unable or unwilling to control persecutors within a tribe. Matter of A–H–D–, 29 I&N Dec. 642 (BIA 2026)
EOIR Policy Memorandum (PM) 26-04 Canceling PM 20-16, PM 20-06, and DM 22-08
EOIR Director Daren Margolin issued policy memorandum (PM) 26-04 canceling PM 20-16, OCAHO Settlement Officer Program; PM 20-06, Section 7611 of the National Defense Authorization Act of 2020, Public Law 116-92; and director’s memorandum (DM) 22-08, The Asylum Procedures Rule.
BIA Holds That “Mexican Men with Schizoaffective Disorder" Is Not a Cognizable PSG
The BIA held that the group "Mexican men with Schizoaffective Disorder," defined only by such diagnosis, is not cognizable as a particular social group (PSG) under the INA. Matter of L–A–D–, 29 I&N Dec. 634 (BIA 2026)
EOIR Announces Investiture of 77 Immigration Judges and 5 Temporary Immigration Judges
EOIR announced the swearing in of 77 immigration judges and 5 temporary immigration judges to serve in immigration courts across the United States. This is the largest class of new adjudicators in the agency's history.
Practice Alert: Hearings Appearing on ECAS Calendars Without Notices of Hearing
AILA members have reported across the country that hearings are appearing on their online court calendars without any notice being issued. The EOIR National Liaison Committee is encouraging all removal defense practitioners to check their online calendars for unexpected hearing changes.
Practice Alert: EOIR Targeting Pro Se Respondents for “Mega Master Calendar Hearings”
AILA members have continued to report the rise in "mega masters" at various courts around the country. These include 100+ respondents being scheduled in a single master calendar hearing, raising serious practical and due process concerns.
ICE NPRM to Increase the Fee for Removal In Absentia to $18,000
ICE notice of proposed rulemaking (NPRM) to increase the fee for “aliens ordered removed in absentia” established in H.R. 1 from $5,130 to $18,000. It also states that ICE will adjust the fee for inflation each year. Comments are due 6/22/26. (91 FR 29380, 5/20/26)
BIA Holds Change of Venue Requests Made on Day of Individual Hearing Are Less Likely to Establish Good Cause Absent Extraordinary Circumstances
The BIA held that the closer in time a change of venue request is made to an individual hearing, the less likely a party can show good cause, and absent extraordinary circumstances, venue should not be changed on the day of a hearing. Matter of I–B–M–S–, et al., 29 I&N Dec. 628 (BIA 2026)
CA9 Upholds Denial of Asylum as to Sikh Mann Party Member from India
The court held that threats from masked men, two brief beatings, and a short detention of the Sikh Mann party member petitioner did not rise to the level of past persecution, and found he could avoid future persecution by relocating within India. (Singh v. Blanche, 12/1/25, amended 5/15/26)
Practice Pointer: CBP Home’s “Intent to Depart” Function
This practice pointer explains how CBP Home’s “Intent to Depart” function works, outlines the user process, and highlights legal and strategic risks for practitioners advising clients considering app-based self-reporting and departure from the United States.
Take Action: Urge Your Representative to Co-Sponsor the Real Courts Rule of Law Act
The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!
CA6 Holds That Cancellation Hardship Determinations Are to Be Reviewed under IIRAIRA Substantial Evidence Standard
The court held that cancellation-of-removal hardship determinations are to be reviewed under the IIRAIRA substantial evidence standard and that the Guatemalan petitioner did not establish exceptional and extremely unusual hardship. (Baltazar Us v. Blanche, 4/29/26)
Practice Alert: Circumvention of Lawful Pathways (CLP) Rule Vacated May 7, 2026
On May 7, 2026, the U.S. District Court for the Northern District of California in East Bay Sanctuary Covenant v. Trump vacated the Circumvention of Lawful Pathways (CLP) rule which was promulgated by the Department of Homeland Security in May 2023.
BIA Finds Proposed PSG of “Married Mexican Women Unable to Leave Their Relationship” Is Not Cognizable
The BIA held that the proposed particular social group (PSG) consisting of “married Mexican women unable to leave their relationship” is not cognizable, and that lawful marriage cannot be presumed from cohabitation or shared children. Matter of V–A–B–, 29 I&N Dec. 621 (BIA 2026)
CA9 Holds That DHS Is Not Constitutionally Required to Translate NTA Address-Update Obligation into Noncitizen’s Native Language
The court held that DHS is not constitutionally required to translate the entirety of a Notice to Appear (NTA), including a noncitizen’s obligation to provide changes of address to the immigration court, to the noncitizen in their native language. (Urquia-Yanez v. Blanche, 5/8/26)
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
ICE NPRM Increasing Fee for Form I-246, Application for a Stay of Deportation or Removal
ICE notice of proposed rulemaking that would increase the fee for adjudicating Form I-246, Application for a Stay of Deportation or Removal, from $155 to $755, representing a 387% increase. Comments are due 7/6/26. (91 FR 24739, 5/7/26)
CA5 Upholds Denial of Motion to Reopen as to Salvadoran Petitioner Who Failed to Show Changed Country Conditions or Equitable Tolling
The court held that the BIA did not abuse its discretion in denying the Salvadoran’s untimely motion to reopen, finding that his MS-13 father-in-law’s arrest reflected a change in personal circumstances, not changed country conditions excepting the time bar. (Prado-Majano v. Blanche, 5/7/26)
BIA Holds That “Arrival” in Serious Nonpolitical Crime Bar Refers to Noncitizen’s Most Recent Arrival in the United States
The BIA held that the words “arrival” and “arrived” in the serious nonpolitical crime bar provisions at INA §§208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) refer to the noncitizen’s most recent arrival in the United States. Matter of C–P–Y–, 29 I&N Dec. 610 (BIA 2026)