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
AILA Celebrates Supreme Court’s DACA Decision, Calls for Permanent Protection
AILA applauds the U.S. Supreme Court’s decision blocking the rescission of DACA. The decision underscores the incredible importance of our nation’s foundational principle of separation of powers and the need for accountability in government agency actions.
S. 4011: Immigration Enforcement Moratorium Act
Senator Ed Markey (D-MA) announced the "Immigration Enforcement Moratorium Act," citing AILA’s prior calls on the DOJ to cease in-person removal proceedings during the public health emergency and introducing measures to promote fairness in immigration courts. AILA endorses this bill.
DHS OIG Releases Report on Early Experiences with COVID-19 at ICE Detention Facilities
DHS OIG surveyed personnel at 188 ICE detention facilities regarding their experiences and challenges managing COVID-19. Facilities reported concerns regarding availability of PPE and staff, and their inability to practice social distancing among detainees and quarantining infected individuals.
AILA Quicktake #288: U.S. Supreme Court Blocks Rescission of DACA Program
Jeremy McKinney, AILA's First Vice President, provides a brief analysis of SCOTUS's decision to reject the Trump Administration's rescission of the Deferred Action for Childhood Arrivals (DACA) program.
TRAC Finds Bond Grant Rates for Detained Immigrants Have Not Improved Despite Rising Representation Rates
TRAC found that nationally, representation rates for detained immigrants at bond hearings have risen, with the rate in FY2020 almost double compared to five years ago. Despite the rising representation rate, TRAC found that bond grant rates have not improved and that median bond amounts have risen.
CRS Releases Legal Sidebar on Supreme Court’s DACA Decision
CRS released a legal sidebar on the Supreme Court’s decision in Department of Homeland Security v. Regents of the University of California that the reasoning DHS offered in support of its decision to rescind DACA was inadequate and therefore violated the Administrative Procedure Act.
D.C. District Court Grants TRO over Access to Counsel for ICE Detainees During COVID-19 Pandemic
The court held that Southern Poverty Law Center had met the requirements for a temporary restraining order (TRO) for its conditions of confinement claim, which concerns access to counsel for individuals detained at four ICE facilities. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
U.S. District Judge Orders ICE to Remove Barriers to Access to Counsel for Detainees at Four Detention Facilities
The judge ordered ICE to comply with the optimal-level requirements of the Performance-Based National Detention Standards (PBNDS) related to calls and video-teleconferences in order to ensure access to counsel during the COVID-19 pandemic. (Southern Poverty Law Center v. DHS, et al., 6/17/20)
BIA Reopens Proceedings Sua Sponte for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for DACA recipient who was married to a U.S. citizen and the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Sanabria Rosales, 6/17/20)
BIA Reopens Proceedings Sua Sponte for Respondent with TPS to Adjust Status
Unpublished BIA decision reopens proceedings sua sponte for respondent with TPS to adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Rivas, 6/16/20)
BIA Rescinds In Absentia Order Over Signature on Return Receipt
Unpublished BIA decision rescinds in absentia order of deportation because signature on return receipt for Order to Show Cause did not belong to respondent or a responsible person at his address. Special thanks to IRAC. (Matter of Ramirez Flores, 6/16/20)
CA9 Finds “Wealthy Landowners” in Colombia Is Not a PSG
Denying the petition for review, the court held that the BIA had properly concluded that the petitioner’s proposed particular social group (PSG) of wealthy landowners in Colombia was not cognizable, because it lacked particularity and social distinction. (Cordoba v. Barr, 6/16/20)
AILA and Partners Urge DHS to End Destructive Policies That Threaten the Safety of Immigrant Children
On 6/16/20, AILA and partners sent a letter asking DHS to cease expulsions of unaccompanied children and asylum seekers at the southern border, stop deportation of unaccompanied children living within the U.S. interior without required court proceedings, and to release detained families together.
TRAC Says Public Should Not Rely on Accuracy of Immigration Court Records
TRAC received a letter from the EOIR director in response to reports of missing EOIR data. Per TRAC, “Instead of addressing the obvious serious data management problems at EOIR, Director McHenry denied there were any problems and attacked TRAC's motives for spreading … falsehoods about the agency.”
CA1 Finds Salvadoran Petitioner Was Denied Her Statutory Right to Counsel
The court concluded that the IJ had denied the Salvadoran petitioner her statutory right to be represented by the counsel of her choice, and found that the assistance of a lawyer likely would have affected the outcome of her removal proceedings. (Hernandez Lara v. Barr, 6/15/20)
AILA and Partners Send Letter to EOIR on Premature Decision to Resume the Non-Detained Docket
AILA, the Council, CLINIC, HRF, NIJC, and NIPNLG sent a letter to EOIR recommending that the overwhelming majority of non-detained hearings be postponed for the duration of the national public health emergency. Additional recommendations include a moratorium on the issuance of in absentia orders.
Practice Alert: ICE Forces Parents in Detention to Choose Between Indefinite Detention and Separation from Children
AILA issued a practice alert on reports that ICE asked immigrants detained in family detention centers to choose between being separated from their children and having the children being released or remaining in indefinite detention.
Joint EOIR and USCIS Proposed Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection
Joint EOIR and USCIS proposed rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). (85 FR 36264, 6/15/20)
BIA Rules on Motions to Reopen Based on Changed Country Conditions
The BIA ruled that to prevail on an MTR alleging changed country conditions, respondents must overcome any prior determinations of adverse credibility or show that the new claim is independent of the evidence that was previously found not credible. Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
EOIR Issues Memo Rescinding and Cancelling Outdated Operating Policies and Procedures Memoranda
EOIR issued a memo rescinding several Operating Policies and Procedures Memoranda (OPPM) that were issued a decade ago and have become outdated or unnecessary. These include OPPM 06-02 on delegation of signature authority, OPPM 08-02 on claims for compensatory time off for travel, and more.
DHS OIG Reports That CBP Struggled to Provide Adequate Detention Conditions During 2019 Migrant Surge
DHS OIG released a report stating that CBP struggled to provide adequate detention conditions during the 2019 migrant surge. The report notes that CBP did not meet standards for detainee care and struggled to limit detention to 72 hours or to control overcrowding to manage contagious illnesses.
DOJ’s Immigration Court Practice Manual (Updated on 6/11/20)
On June 11, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
EOIR Updates Guidance on Immigration Court Practices During the COVID-19 Pandemic
EOIR issued a policy memo updating its guidance regarding practices adopted by its adjudicatory components related to COVID-19. This policy memo is effective immediately and supersedes the March 18, 2020, policy memo on immigration court practices during the COVID-19 outbreak.
EOIR To Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court
EOIR announced that it plans to resume individual (merits) non-detained hearings at the Honolulu Immigration Court on June 15, 2020. EOIR will also resume master calendar dockets involving relatively small number of respondents.
BIA Reopens Proceedings Sua Sponte Following Reentry on Advance Parole
Unpublished BIA decision reopens proceedings sua sponte for respondent from Haiti to adjust status through U.S. citizen wife following reentry under grant of advance parole. Special thanks to IRAC. (Matter of Pierre, 6/11/20)