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?
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
CA9 Blocks DHS’s Attempt to Vacate TPS for Venezuela and Shorten Haiti’s Protection
The court ruled DHS exceeded its authority by vacating Venezuela’s TPS designation and shortening Haiti’s TPS period, finding TPS statute allows only designation, extension, or termination—not midstream vacatur—and requires strict procedures. (Nat’l TPS All., et al. v. Noem, et al., 1/28/26)
Vote Recommendation: AILA Urges Senate to Vote NO on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
BETA Immigration Judge Tracker – Form
Use this form to report information on immigration judges, such as if they have been fired or otherwise removed. Information will be made available to AILA members on AILA’s Immigration Judge Tracker subject to AILA national screening and approval.
BETA AILA’s Immigration Judge Tracker
AILA’s Immigration Judge Tracker gathers information on current immigration judges and immigration judge removals in one location.
EOIR Notice of FY26 Adjustment for Inflation for Fees Required by H.R. 1
EOIR notice announcing inflationary adjustments for Fiscal Year (FY) 2026 to immigration-related fees for filings with EOIR required by H.R. 1. The fees are effective 2/1/26 and must be included with filings postmarked on or after that date. (91 FR 2561, 1/21/26)
Vote Recommendation: AILA Urges NO Vote on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to Congress on 1/21/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
BIA Holds That Written Frivolousness Warnings on Asylum Application Satisfy Statutory Notice Requirement
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)
CA9 Remands Asylum Claim of Honduran Domestic Violence Victim Due to Futility of Reporting
The court held that the record compelled the conclusion that the petitioner’s reporting of her beatings by her partner to Honduran authorities would have been futile, and thus granted the petition for review as to her asylum and withholding claims. (Guevara-Serrano, et al. v. Bondi, 1/20/26)
AILA Sends Letter to Congressional Leadership Urging Congress Demand Swift Action to Protect Individuals Impacted by the Iranian Crisis
AILA sent a letter to Congressional leadership urging Congress demand the Trump Administration take all possible government action to protect individuals currently affected by the ongoing unrest in Iran. The letter offers recommended government actions different agencies can undertake.
AILA Joins Sign-On Letter Urging Members of Congress to Oppose Increased DHS Funding and Demand Accountability in FY2026 DHS Appropriations
AILA joined an organizational sign-on letter led by the ACLU and other organizations calling on Members of Congress to oppose any increased funding to ICE and CBP through FY2026 appropriations and to demand increased accountability and oversight measures.
AILA Sends Letter to President Trump Urging Action to Protect Individuals Affected by the Iranian Crisis
AILA sent a letter to President Trump urging all government action be taken to protect individuals currently affected by the ongoing unrest in Iran. The letter offers multiple actions that government agencies should undertake to protect as many individuals as possible.
BIA Holds That Serious Nonpolitical Crime Bar Does Not Include Duress Exception
The BIA held that the serious nonpolitical crime bar to asylum and withholding of removal does not include a duress exception. Matter of D–G–B–L–, 29 I&N Dec. 392 (BIA 2026)
EOIR Announces New Deputy Chief Appellate Immigration Judges and Appellate Immigration Judge
EOIR announced the investiture of two Deputy Chief Appellate Immigration Judges, Stephanie E. Gorman and Gregory Radics, and Appellate Immigration Judge Renae M. Hansell on 1/15/26.
DHS Announces New Deputy Director of ICE
DHS Secretary Kristi Noem issued a statement announcing Charles Wall as the new Deputy Director of ICE. Previously, Mr. Wall served as ICE's Principal Legal Advisor and has been at ICE since 2012.
ABC News: DHS Announces Termination of Protected Status for Somalis After Group Targeted by Trump
DHS claims improved conditions in Somalia justify termination of TPS. AILA Senior Director of Government Relations Greg Chen responds, “That statement is really belied and contradicted by the facts on the ground ... the country continues to see terrorism, violent crime, and civil unrest.”
CA5 Upholds Denial of CAT Deferral as to Salvadoran Petitioner Based on Lack of Specific Intent and Speculative Torture Risk
The court held that substantial evidence supported the BIA’s denial of CAT deferral to petitioner, concluding that El Salvador’s harsh prison conditions were not specifically intended to inflict torture and that the risk of future torture was speculative. (Fuentes-Pineda v. Bondi, 1/14/26)
CA5 Holds That Denial of Affirmative Asylum to TPS Holders Is Not Final Agency Action
The court held that USCIS’s denial of affirmative asylum applications as to Temporary Protected Status (TPS) holders does not constitute final agency action under the APA, and affirmed the district courts’ dismissals of the plaintiffs’ APA lawsuits. (Sayegh de Kewayfati v. Bondi, 1/14/26)
AILA's Enforcement Tracker
AILA’s Enforcement Tracker gathers reports of immigration enforcement actions across the United States in one location.
Enforcement Tracker - Form
Use this form to report enforcement actions, including both arrests and worksite enforcement. Information will immediately be made available to AILA members on AILA’s Enforcement Tracker.
BIA Holds That Death Threats Alone Rarely Constitute Persecution and Require Objective Credibility and Immediate Ability to Carry Out
The BIA held that death threats alone rarely rise to the level of persecution and only do so if they are objectively credible and issued by a person or persons with the immediate ability to carry them out. Matter of E–M–F–S–, et al., 29 I&N Dec. 379 (BIA 2026)
CA8 Upholds Asylum Denial as to Guatemalan Domestic Violence Survivor Based on Lack of Nexus
The court held that the Guatemalan petitioner, who alleged domestic abuse by her former partner, failed to establish a nexus between the abuse and a protected ground, and did not show a likelihood of torture with government acquiescence. (Aguilar-Hernandez, et al. v. Bondi, 1/6/26)
CA11 Upholds Denial of CAT Relief to Colombian Petitioner Alleging Harm by FARC
The court held that substantial evidence supported the denial of Convention Against Torture (CAT) relief and that the BIA did not err in rejecting the petitioner’s ineffective assistance of counsel claim pursuant to Matter of Lozada. (Gutierrez-Mikan, et al. v. Att’y Gen., 1/5/26)
EOIR Policy Memorandum (PM 26-01) on the Annual Asylum Fee
EOIR Director issued Policy Memorandum 26-01 on the annual asylum fee. EOIR will waive the fee for asylum applications that were pending for one year or more 4/5/25-9/30/25 and administratively final as of 9/30/25. EOIR will apply the fee to applications pending for one year or more as of 10/1/25.
Enforcement Tracker - Feedback Form
Use this form to update an item that was previously submitted to AILA’s Enforcement Tracker or to provide feedback, report inaccurate information, or request further information as a member of AILA chapter leadership in relation to the Enforcement Tracker.