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
CA6 Affirms Dismissal of U.S. Citizen-Child’s Request for Declaration That His Father’s Removal Was Unconstitutional as Applied to Him
Affirming the district court’s order dismissing the Declaratory Judgment Act claims brought by plaintiff, a U.S. citizen-child whose father had been removed, the court held that plaintiff’s constitutional claims were foreclosed by the court’s precedent. (Cooper Butt v. Barr, et al., 3/31/20)
EOIR Releases Statistics on Languages Used in Court Hearings
EOIR released statistics on languages used in immigration court hearings. Out of a total of 1,189,103 hearings through the second quarter of FY2020 (through March 31, 2020), EOIR conducted 93.04 percent of all hearings in languages other than English.
EOIR Releases Statistics on BIA Board Members
EOIR released statistics on BIA board members, temporary board members, and total board members. As of the second quarter of FY2020 (through March 31, 2020), the BIA had 16-20 board members and 4-7 temporary board members.
CA11 Finds Petitioner’s Florida Conviction for Aggravated Battery Constituted a Crime of Violence
The court held that the BIA correctly determined that the petitioner’s conviction in Florida for aggravated battery was an aggravated felony, rejecting the petitioner’s argument that his conviction did not qualify as a crime of violence. (Lukaj v. Att’y Gen., 3/30/20)
Alliance for Justice Calls for Independent Immigration Courts
On 3/30/20, the Alliance for Justice called on Congress to support the establishment of an Article I Immigration Court system that is independent of DOJ.
AILA and the Council Submit Comments Opposing EOIR’s Proposed Rule Increasing Fee for Filings
AILA and the Council submitted comments opposing EOIR’s proposed rule that would increase the filing fees for forms and motions filed with EOIR, stating that the proposed fee increases will have a substantial negative impact on the ability of certain individuals to access immigration courts.
Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic
In a lawsuit filed today in the U.S. District Court for the District of Columbia, AILA and our partners demanded that DOJ EOIR and ICE take immediate necessary actions to prioritize the health and safety of attorneys and clients at risk from the COVID-19 pandemic.
Complaint Filed in District Court Due to EOIR and ICE’s Handling of Immigration Cases During COVID-19 Crisis
AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild, and several detained individuals filed suit to demand EOIR and ICE take actions to prioritize health and safety during the COVID-19 pandemic. (NIPNLG et al., v. ICE, 3/30/20)
BIA Holds Convictions Vacated Under Cal. Penal Code 1473.7 Not Valid for Immigration Purposes
Unpublished BIA decision holds that convictions vacated under Cal. Penal Code 1473.7 are no longer valid for immigration purposes because the statute requires a procedural or substantive defect in underlying criminal proceedings. Special thanks to IRAC. (Matter of C-H-C-, 3/30/20)
CA9 Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers
The court upheld a ruling blocking a policy that categorically denied bond hearings to asylum seekers, targeted at individuals whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled. (Padilla v. ICE, 3/27/20)
CA8 Declines to Recognize Exception Permitting Appellate Review Where BIA Relies on “Incorrect Legal Premise”
The court held that the petitioner failed to raise a colorable constitutional claim with respect to the BIA’s decision not to reopen his case sua sponte, and rejected the petitioner’s argument that it could review the decision under an “incorrect legal premise” theory. (Vue v. Barr, 3/27/20)
ICE Releases Memo on COVID-19 Action Plan for ICE-Dedicated Facilities
ICE issued a memo on its COVID-19 action plan for ICE Health Service Corps (IHSC)-staffed and non-IHSC-staffed, ICE-dedicated facilities. The memo was released by ICE as an exhibit in Fraihat v. ICE.
EOIR Released Family Unit Data for Select Courts
EOIR released statistics on initial receipts, initial case completions, and initial case completion decisions for family units in select courts—Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New Orleans, New York City, and San Francisco—for the period of 9/24/18 to 3/27/20.
CA11 Finds BIA Erred in Concluding That Petitioner’s New York Conviction for Sexual Misconduct Was an Aggravated Felony
The court held that, because the record of conviction did not make clear whether the petitioner had pleaded guilty to forcible or statutory rape, the BIA erred in finding that his New York sexual misconduct conviction qualified as the aggravated felony of rape. (George v. Att’y Gen., 3/26/20)
More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic
On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.
EOIR Sends Message to Stakeholders Announcing New Listserv and Information on EOIR Operations
EOIR sent a message to stakeholders announcing a new listserv to notify practitioners nationwide about court closures, re-openings, and standing orders. The message also provides contact information for EOIR’s public information officers.
Motion for Extension of Time to File Reply Brief – Eleventh Circuit
Sample motion for an appellant’s unopposed motion for an extension of time to file a reply brief in the Eleventh Circuit. (Miscellaneous Motion)
AILA Practice Alert: Personal Protective Equipment (PPE) Requirements for Attorneys in Detained Courts
AILA provides a practice alert on ICE's personal protective equipment (PPE) requirements for attorneys in detained courts.
CA10 Says Stop-Time Rule Is Triggered by One Complete NTA, Not a Combination of Documents
Granting the petition for review, the court held that, given the unambiguous statutory language for the stop-time rule and Notices to Appear (NTAs), the stop-time rule is not triggered by the combination of an incomplete NTA and a notice of hearing. (Banuelos-Galviz v. Barr, 3/25/20)
GAO Releases Report on Care of Pregnant Women in DHS Facilities
GAO examined DHS data and policies addressing the care of pregnant women in DHS facilities, finding 79 percent or greater compliance with most of ICE’s pregnancy-related performance measures. GAO found limited information on care provided by CBP since it relies on offsite care for pregnant women.
CA2 Resolves Issue of First Impression Regarding Military’s Traditional Unitary Sentencing Scheme
The court held that, under the military’s unitary sentencing scheme, a military judgment in which a single sentence of confinement is imposed in connection with multiple counts of conviction may not be presumed equivalent to equal, full‐term, concurrent sentences. (Persad v. Barr, 3/24/20)
CA8 Upholds Denial of Motion to Remand Where Petitioner’s Evidence Did Not Contain New Information on Qualifying Relative
The court held that the BIA did not abuse its discretion in finding that petitioner had failed to provide new and previously unavailable evidence regarding his qualifying relative, where the evidence did not contain new information postdating the IJ’s decision. (Campos-Julio v. Barr, 3/23/20)
SCOTUS Finds Immigrants Have Availability of Judicial Review of Removal Orders
The Supreme Court vacated the Fifth Circuit decision and remanded, ruling in favor of the noncitizens who were challenging the denial of their motions to reopen their removal cases. (Guerrero-Lasprilla v. Barr, 3/23/20)
Citing Coronavirus Risks and a New Irresponsible Policy for Immigration Courts, Groups Urge Protecting the Health and Safety of Government Employees,
AILA and the American Immigration Council, with over 100 other organizations, sent a letter to EOIR and ICE calling for the prioritization of the health and safety of government employees, detained individuals, and their legal representatives amid the COVID-19 outbreak.
AILA and Partners Send Letter to EOIR and ICE on Legal Access in Immigration Detention and Immigration Courts During COVID-19 Pandemic
AILA, the Council, and more than 100 other organizations sent a letter urging EOIR and ICE to immediately authorize robust and automatic use of remote options for immigration court appearances and attorney-client meetings.