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
CA9 Asks Arizona Supreme Court to Decide Whether Two State Drug Laws Are Divisible and Can Trigger Removability
The court certified three questions of state law to the Arizona Supreme Court in order to determine whether Arizona’s possession of drug paraphernalia statute (ARS §13-3415) and Arizona’s drug possession statute (ARS §13-3408) are divisible as to drug type. (Romero-Millan v. Barr, 5/4/20)
S. ___: Federal Immigrant Release for Safety and Security Together Act (FIRST Act)
On 4/30/20, Senator Booker (D-NJ), introduced the Federal Immigrant Release for Safety and Security Together Act (S.__) to require the release of most individuals detained by ICE during a national emergency related to a communicable disease. AILA endorses this bill.
New Documents Reveal Immigration Judge Hiring Plan Designed to Stack the Courts, Prioritize Politics Over Justice
AILA Executive Director Benjamin Johnson and American Immigration Council Executive Director Beth Werlin react to documents obtained by the organizations via FOIA revealing DOJ Executive Office for Immigration Review’s updated hiring plan for Immigration Judges and Appellate Immigration Judges.
AILA and Partners Send Letter Urging DHS and ICE to Expedite Releases of Individuals in Immigration Custody
On May 4, 2020, AILA and partners sent a letter to DHS and ICE requesting a coordinated and timely plan to expedite releases for individuals in immigration custody due to detainees and employees testing positive for the coronavirus.
AILA and Partners Submit Amicus Brief in Borden v. United States on Whether a Crime with a Mens Rea of Recklessness Counts as a “Violent Felo
AILA and partners submitted an amicus brief in the Supreme Court case of Borden v. United States discussing the severe consequences that will arise in immigration cases if the court determines that a crime with a mens rea of recklessness qualifies as a “violent felony” under the ACCA.
CA1 Upholds Denial of Motion to Reopen of Chinese Buddhist Petitioner in Indonesia
The court upheld the BIA’s denial of untimely motion to reopen, finding that the petitioner, who alleged that she faced harm in Indonesia based on her Chinese ethnicity and Buddhist religion, had not met her burden to show materially changed country conditions. (Sutarsim v. Barr, 5/1/20)
CA9 Says Petitioner’s Nevada Conviction for Possession of Child Pornography Is Not a “Sexual Abuse of a Minor” Aggravated Felony
The court held that petitioner’s conviction for “[p]ossession of visual presentation depicting sexual conduct of person under 16 years of age” in violation of Nevada Rev. Statutes §200.730 was not a sexual abuse of a minor aggravated felony under INA §101(a)(43)(A). (Mero v. Barr, 5/1/20)
EOIR Swears in Three New Board Members
EOIR announced the investiture of three new members to the Board of Immigration Appeals. The new members were appointed by Attorney General William Barr in April 2020. Notice includes the new Board members’ biographical information.
EOIR Issues Memo on Adjudicating Applications for CNMI Resident Status and Extending the Asylum Application Bar for Certain Persons in the CNMI
EOIR memo provides guidance on the adjudication of CNMI Resident Status applications in removal proceedings and the extended asylum application bar for persons present or arriving in the CNMI. The guidance may affect individuals in the CNMI and cases in the Saipan and Honolulu immigration courts.
BIA Holds Conviction Not Valid for Immigration Purposes Following Vacatur Under Cal. Penal Code 1473.(7)(3)
Unpublished BIA decision finds conviction vacated under Calif. Penal Code 1473.7(3) is no longer valid for immigration purposes. Special thanks to IRAC. (Matter of Antunez Delgado, 4/29/20)
CA2 Remands Former Jamaican Police Officer’s Withholding and CAT Claims Based on Feared Gang Violence
The court held that it could not conclude on the existing record whether the BIA had considered all relevant evidence and had applied the correct legal standard in rejecting the withholding of removal and Convention Against Torture (CAT) claims of the petitioner. (Scarlett v. Barr, 4/28/20)
Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE
The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies.
Timeline of Case Challenging Immigration Court and Detention Policies in Response to COVID-19
The district judge denied the motion for a temporary restraining order (TRO). AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed a TRO challenging immigration court and detention policies during COVID-19. (NIPNLG et al., v. EOIR et al., 4/28/20)
Latest AILA Law Journal is Live – Take a Look!
In this blog post, Danielle Polen, AILA's Director of Publications & Online Resources shares some highlights from the latest edition of the AILA Law Journal, hot off the presses this week with articles by leading experts on a wide array of issues affecting immigration law.
CA9 Says Government Not Required to Compensate Court-Appointed Pro Bono Counsel for Mentally Incompetent Petitioners
The court held that although it had the inherent authority to appoint pro bono counsel for the petitioner, who was mentally incompetent, it lacked the requisite statutory authority to order government compensation for his appointed counsel. (Perez v. Barr, 4/27/20)
CA3 Finds It Has Jurisdiction to Review Due Process Claims Where Petitioner Seeks Only Discretionary Relief
Granting petition for review, the court held that it has jurisdiction to review due process claims where a petitioner seeks only discretionary relief, and concluded that the petitioner presented a meritorious ineffective assistance of counsel claim. (Calderon-Rosas v. Att’y Gen., 4/27/20)
CA1 Remands Asylum Claim of Dominican Woman Who Asserted She Was “Unable to Leave” Domestic Relationship
The court held that there is no categorical rule precluding asylum or withholding of removal applicants from establishing membership in a particular social group defined in material part as women “unable to leave” a domestic relationship. (De Pena-Paniagua v. Barr, 4/24/20)
DHS Releases Memos on Investigations of Immigration Detention Conditions
DGS released several memos from the Office of Civil Rights and Civil Liberties regarding onsite investigations into conditions at various immigration detention facilities.
NARA Notice of Agency Records Schedules
NARA notice with proposed records schedules in which agencies propose to dispose of certain records. This notice includes an ICE schedule of records on the development and implementation of the ICE National Detention Standards. Comments are due 4/23/20. (85 FR 22755, 4/23/20)
Supreme Court Rules on Cancellation of Removal Eligibility of LPRs Who Have Committed Certain Serious Crimes
The U.S. Supreme Court held that, for purposes of cancellation of removal eligibility of a lawful permanent resident (LPR), an INA §212(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal. (Barton v. Barr, 4/23/20)
CA8 Upholds Denial of Asylum to Mexican Mother Whose Son Was Kidnapped and Killed by Drug Cartels
The court held that substantial evidence supported BIA’s determination that petitioner did not suffer past persecution or have a well-founded fear of future persecution on account of membership in a social group consisting of immediate family members of her son. (Meza Cano v. Barr, 4/23/20)
BIA Orders Further Consideration of Ineffective Assistance Claim in Light of Referral to Disciplinary Committee
Unpublished BIA decision remands for further consideration of ineffective assistance claim in light of evidence submitted on appeal that the respondent’s complaint against his prior attorney was referred to a disciplinary committee. Special thanks to IRAC. (Matter of Nguyen, 4/22/20)
TRAC Finds Large Numbers at Risk in ICE Detention Facilities for the Coronavirus
TRAC released a report questioning ICE’s commitment to protecting detainees from COVID-19, finding that ICE has not released specifics about where at-risk detainees are being held. TRAC provided data on detention facilities, and top 10 detention facilities for immigrants with pending court cases.
AILA’s DOS Liaison Committee Raises Questions with DOS Offices Concerning Issues Related to COVID-19
AILA’s DOS Liaison Committee raised several questions with the DOS Visa Office, NVC, KCC, and WRD concerning guidance and potential accommodations in light of the COVID-19 pandemic. AILA will keep members updated with any responses provided to the committee.
ILRC: Immigration Preparedness Toolkit
The ILRC’s Immigration Preparedness Toolkit is a resource-packed informational document designed to help immigrants with no legal status or in mixed-status families begin to understand the immigration legal landscape and plan for their own journey through an ever-changing, complex system.