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 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.
EOIR Proposed Rule on Assistance to Pro Se Individuals and Filing of Form EOIR-27/Form EOIR-28
EOIR proposed rule to amend the regulations to provide that practitioners may assist pro se individuals with drafting, writing, or filing documents in proceedings before EOIR, provided that the practitioner files Form EOIR-27 or EOIR-28. Comments are due 10/30/20. (85 FR 61640, 9/30/20)
EOIR Extension of Comment Period on New Form EOIR-59
EOIR 30-day extension of a comment period previously announced at 85 FR 43604 on proposed new Form EOIR-59, Certification and Release of Records. Comments are now due 10/30/20. (85 FR 61772, 9/30/20)
EOIR Resumes Hearings in Non-Detained Cases at Certain Arizona and California Immigration Courts
EOIR announced that it resumed non-detained individual (merits) hearings and master calendar dockets involving small number of respondents at the Phoenix, Sacramento, San Diego, San Francisco, and Tucson immigration courts on 9/28/20. The option to file by email at these courts will end on 11/27/20.
CA9 Upholds Asylum Denial to Guatemalan Petitioner Who Did Not Report Abuse by Ex-Boyfriend to Police
Upholding the denial of asylum to the petitioner, who had been abused by her ex-boyfriend, the court held that substantial evidence supported the conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Barr, 9/30/20)
DHS Releases 2019 Report on Immigration Enforcement Actions
DHS released the annual flow report for immigration enforcement actions in 2019. Compared to the year before, in 2019, DHS made 77 percent more apprehensions; issued 110 percent more NTAs; initiated 29 percent more intakes into immigration detention; and performed 9.5 percent more removals.
EOIR Releases Statistics on Inactive Pending Cases by FY of Administrative Closure
EOIR released statistics from FY1983 through FY2020 regarding inactive pending cases. As of the end of FY2020, EOIR had administratively closed 1,851 cases.
EOIR Releases Data on Active and Inactive Pending Cases
EOIR released data from FY2008 to FY2020 on activing and inactive pending removal, deportation, exclusion, asylum-only, and withholding only cases. Inactive pending cases are those not currently on the active document following an IJ’s order of administrative closure.
EOIR Releases Current Median UAC Case Completion and Case Pending Time for FY2020
EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2020, the median pending time was 1,028 days and the median completion time was 659 days.
EOIR Releases UAC Statistics for FY2020
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2020. The total number of pending cases at the end of FY2020 was 103,035. Decisions were made in 9,232 cases, with 6,105 cases ending in removal.
EOIR Releases Statistics on BIA Case Appeals Filed, Completed, and Pending
EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.
EOIR Releases Statistics on Circuit Court Remands Filed
EOIR released statistics on circuit court remands filed from FY2008 to FY2020. In FY2020, 660 circuit court remands were filed.
EOIR Releases Statistics on All Appeals Filed, Completed, and Pending
EOIR released statistics on all appeals filed, completed, and pending from FY2008 to FY2020. In FY2020, 58,901 appeals were filed; 40,393 appeals completed; and 90,940 appeals were pending.
EOIR Releases FY2020 Statistics on Video Teleconference Hearings and Adjournments
EOIR released statistics on the number of video teleconference (VTC) hearings and adjournments for FY2020. In FY2020, EOIR held 1,447,714 hearings out of which 282,232 were VTC hearings. Nine hundred and twenty three hearings were adjourned due to video malfunction.
EOIR Releases Statistics on Number of Courtrooms
EOIR released statistics from 2007 (calendar year) to FY2020 on the total number of courtrooms. As of FY2020, EOIR had 474 courtrooms, excluding the courtrooms in Saipan and in Louisville.
EOIR Releases Statistics on Video Teleconference Hearings and Appeals
EOIR released statistics from FY2019 to FY2020 on the total number of completed cases with a video teleconference (VTC) hearing, case appeals filed, appeals of completed cases with a VTC hearing, and appeals of completed cases with a VTC hearing alleging a VTC hearing issue.
EOIR Releases Data on Initial Receipts with Specific Charges for Removal, Deportation, and Exclusion Cases
EOIR released data from FY2008 to FY2020 on initial receipts for removal, deportation, and exclusion cases; initial receipts with specific charges; leads with riders; riders; leads and riders; and percentage of leads and riders.
EOIR Releases Statistics on Decision Outcomes for FY2020
EOIR released statistics on outcomes of initial case decisions for FY2020. Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
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.
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.
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.
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.