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 and Partners Request EOIR to Extend Comment Period for Proposed Rule on Asylum and Withholding of Removal Procedures
Nearly 90 organizations, including AILA, sent a letter to EOIR and OMB urging the agencies to extend the public comment period on EOIR's proposed rule on asylum and withholding of removal procedures from 30 days to a minimum of 60 days.
BIA Rules That Cancellation of Removal Despite Criminal Conviction Precludes a Later Finding of Deportability Based on the Same Conviction
The BIA ruled that if a criminal conviction was charged as a ground of removability when cancellation of removal was granted, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings. Matter of Voss, 28 I&N Dec. 107 (BIA 2020)
ERO Miami Contact List (October 2020)
Contact information for ERO Miami updated as of October 2020.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/20 and ending 12/31/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.11 per centum per annum. (85 FR 63162, 10/6/20)
CA7 Says BIA Erred in Finding IJ Need Not Warn Petitioner of Possible Eligibility for Asylum and Related Relief
Where the petitioner had told the IJ that he feared persecution at the hands of gangs in Honduras because of his relationship to his mother, the court held that the IJ should have advised him that he might be eligible for asylum or withholding of removal. (Jimenez-Aguilar v. Barr, 10/6/20)
Board of Immigration Appeals Practice Manual (10/5/20)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 5, 2020). This manual describes procedures, requirements, and recommendations for practice before the BIA.
CA3 Holds It Lacks Jurisdiction to Review IJ’s Discretionary Denial of Continuance to Petitioner Convicted of Aggravated Felony
Where petitioner, who had been convicted of an aggravated felony, argued that the BIA erred in upholding the IJ’s denial of his motion for a continuance, the court dismissed the petition, finding he had failed to state a constitutional claim or question of law. (Mirambeaux v. Barr, 10/2/20)
CA1 Upholds Asylum Denial to Kenyan Petitioner Who Opposed Al-Shabaab
The court upheld the BIA’s denial of asylum, finding that terror attacks in Kenya by Al-Shabaab constituted generalized violence, and rejecting the petitioner’s proposed social group of westernized and Americanized Christian Kenyans who oppose Al-Shabaab. (Zhakira v. Barr, 10/2/20)
H. Res. 1153: Condemning Unwanted, Unnecessary Medical Procedures on Individuals Without Their Full, Informed Consent
The House of Representatives passed House Res. 1153 by a vote of 232–156, with 7 Republicans joining 225 Democrats. The bipartisan resolution condemns unwanted, unnecessary medical procedures on individuals in immigration detention without their full, informed consent. AILA endorsed the resolution.
House Condemns Atrocities Against Immigrants in Custody
AILA welcomed the passage of the bipartisan U.S. House of Representatives Resolution 1153 which condemns unwanted, unnecessary medical procedures on individuals in immigration detention without their full, informed consent.
Broward Transitional Center Docket (October 2020)
Docket from the Broward Transitional Center updated as of October 2020.
EOIR Launches Immigration Court Online Resource (ICOR) and Pro Bono Portal
EOIR announced the launch of the Immigration Court Online Resource (ICOR), which provides resources on immigration proceedings before EOIR, and the Pro Bono Portal, which allows for the initiation and management of applications to be included in the EOIR List of Pro Bono Legal Service Providers.
Practice Alert: Legal Access Rights at the Irwin and Stewart Detention Centers
SPLC provides information for attorneys who work with clients inside the Irwin and Stewart detention centers in Georgia, including legal access rights pursuant to a recent order in SPLC v. DHS.
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.