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
EOIR Releases Historical Data on New Cases and Total Completions
: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.
EOIR Releases FY2020 Data on Complaints Against Immigration Judges
EOIR released information on complaints against immigration judges, including complaints from FY2016-FY2020, number and percentage of IJs against whom complaints were received, the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed.
EOIR Releases Statistics on Immigration Judge Complaints
EOIR released statistics on the number of initial receipts of complaints against immigration judges from FY2009 through FY2020. In FY2020, EOIR received 93 complaints against immigration judges.
EOIR Releases Comparison of In Absentia Removal Order Rates for FY2014–FY2020
EOIR released in absentia removal order rates from FY2014 to FY2020, comparing in absentia removal order rates for unaccompanied children (UAC) cases with non-UAC cases. The ratio of UAC in absentia removal orders to non-UAC in absentia removal orders for FY2020 was 0.99:1.
EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim
EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.
EOIR Released Statistics on FOIA Receipts
EOIR released statistics on Freedom of Information Act (FOIA) receipts from FY2013 through FY2020. In FY2020, EOIR had 49,468 FOIA receipts.
EOIR Releases Statistics on Administratively Closed Cases
EOIR released statistics on administratively closed cases from FY2008 through FY2020. At the end of FY2020, EOIR had 310,627 inactive pending cases.
EOIR Released Statistics on In Absentia Removal Orders
EOIR released statistics on in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 86,555 in absentia removal orders.
EOIR Releases Statistics on New Cases and Total Completions
EOIR released statistics on new cases and total case completions from FY2008 through FY2020. As of the end of FY2020, EOIR had receipts for 361,982 new cases and 231,237 total case completions.
EOIR Releases Statistics on Asylum Rates
EOIR released statistics on asylum decision rates from FY2008 through the FY2020. At the end of FY2020, EOIR had a 54.55 percent denial rate and a 19.12 percent grant rate.
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on asylum applicant in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued 6,928 in absentia removal orders for asylum applicants.
EOIR Released Statistics on Pending Unaccompanied Child Cases
EOIR released statistics on pending unaccompanied child (UAC) cases from FY2008 through FY2020. In FY2020, EOIR had 103,035 pending UAC cases.
EOIR Released Statistics on UAC In Absentia Removal Orders
EOIR released statistics on unaccompanied children (UAC) in absentia removal orders from FY2008 through FY2020. In FY2020, EOIR issued a total of 4,514 UAC in absentia removal orders.
EOIR Releases Statistics on Representation Rates
EOIR released FY2020 statistics on the overall representation rate; the representation rate for all pending UAC cases and UAC cases pending for more than a year; the representation rate for pending asylum cases and completed asylum cases; and the representation rate for all completed appeals.
EOIR Releases Statistics on Motions
EOIR released statistics on motions to reopen, motions to re-calendar, and motions to re-consider from FY2008 through FY2020. For FY2020, 17,596 motions to reopen were filed in immigration courts and 4,981 were filed with the BIA.
AILA and Partners Submit Amicus Brief in Matter of A-M-R-C-
AILA and partners submitted an amicus brief arguing that the Attorney General should vacate the referral order in Matter of A-M-R-C- which would require reopening A-M-R-C-‘s removal proceedings, an action that the AG cannot lawfully take, and that would harm national interests.
District Court Dismisses Lawsuit Over Unaccompanied Minors’ Access and Right to Abortions
The court agreed to dismiss a lawsuit after ORR changed its policy to block unaccompanied minors in its custody access to abortions and under the dismissal will no longer interfere in unaccompanied minors’ efforts to obtain this procedure. (J.D., et al., v. Azar, et al., 9/29/20)
DHS OIG Says CBP Did Not Adequately Oversee FY2019 Appropriated Humanitarian Funding
DHS OIG released a report saying that CBP did not adequately use the funds it received in FY2019 to address the needs of migrants in custody. CBP did not ensure the funds were used to purchase items that met migrants’ basic needs and cannot account for funds provided for medical care for migrants.
AILA, the Council, and the Immigration Justice Campaign Submit Comments Opposing Proposed EOIR Rule on Appeals
AILA, the American Immigration Council, and the Immigration Justice Campaign submitted comments opposing a proposed rule that would strip the BIA of the ability to make a reasoned decision on a fully-developed record and block respondents from mounting an effective appeal.
BIA Rules on Expert Witness Testimony
The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
ICE Issues Guidance on COVID-19
ICE updated its guidance on its response to the COVID-19 pandemic, including on how it has modified its enforcement efforts during COVID-19. ICE stated that it is “confident” that its officers “can properly and safely carry out operations.”
Senate Bill: End Transfers of Detained Immigrants Act
On 9/25/20, Senator Bennett (D-CO) introduced the End Transfers of Detained Immigrants Act to prohibit transfers of individuals between ICE facilities and federal, state, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes. AILA endorses this bill.
CA9 Overrules Minto v. Sessions and Concludes Resident of CNMI Is Not Removable Under INA §212(a)(7)(a)(i)
The en banc court overruled Minto v. Sessions, holding that the petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the INA became applicable there, was not removable under INA §212(a)(7)(a)(i). (Torres v. Barr, 9/24/20)
South Florida Miami EOIR Standing Order 20-01 of the Immigration Court Regarding Telephonic Appearances and Page Limitations for Electronic Filings
Miami EOIR Standing Order regarding telephonic appearances for master calendar case before the Krome Immigration Court and Broward Transitional Center effective September 24, 2020.
CRCL Issues Recommendations Memo Concerning the Richwood Correctional Center
CRCL investigated the conditions of detention for ICE detainees at the Richwood Correctional Center. CRCL identified issues with and made recommendations to mental health care, mental health documentation, translation access, food service, and more.