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 Urge Senate Leaders to Extend Work Authorizations to Dreamers
AILA joined 182 national and local partners in urging Senate Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY) to include automatic extensions of employment authorization for DACA, TPS, and other work-authorized immigrants in the fourth COVID-19 legislative package.
CA11 Says BIA’s Application of Stop-Time Rule to Petitioner’s 1995 Conviction Was Impermissibly Retroactive
The court held that the BIA erred in retroactively applying the stop-time rule to the petitioner’s pre-Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) conviction, and thus that he was eligible for cancellation of removal. (Rendon v. Att’y Gen., 7/14/20)
Attorney General Vacates BIA’s Decision in Matter of O-F-A-S-
Clarifying the proper approach for determining “official capacity” for the purpose of deciding CAT protection, the AG vacated the BIA’s decision in Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019), and remanded the case for review. Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020)
GAO Says CBP Needs to Increase Oversight of Funds, Medical Care, and Reporting of Deaths
GAO found that CBP has consistently overlooked health screening policies for detainees and that it violated the law by using emergency funds to enhance detainees' medical care for other items. GAO also found that CBP lacks reliable data on deaths and did not report this data to Congress as directed.
Senators Urge DHS to Reopen DACA for New Applicants
On July 14, 2020, Senators Dick Durbin (D-IL) and Kamala Harris (D-CA) led a letter from 33 senators urging DHS Acting Secretary Chad Wolf to reopen DACA applications for new applicants following the Supreme Court’s rejection of the administration’s rescission of DACA.
TRAC Finds More Immigration Judges Are Leaving the Bench
TRAC found that turnover among immigration judges is the highest in over two decades. During FY2019, 35 judges left the bench. TRAC also found more cases are being heard by judges with limited experience and that court backlog is nearly three times the level since the Trump administration began.
Practice Pointer: EOIR’s Decision to Resume Select Non-Detained Immigration Court Dockets
AILA’s EOIR/ICE Joint Liaison Committee provides a practice pointer on EOIR’s decision to resume select non-detained immigration court cases. Special thanks to chair of the committee, Sui Chung.
CA7 Upholds Denial of Asylum to Petitioner Who Feared Life as an Openly Gay Woman in Mexico
The court upheld the BIA’s denial of asylum to the Mexican petitioner, who sought relief based on threats of physical violence she had received because of her gay sexual orientation, concluding that substantial evidence supported the agency’s decision. (Escobedo Marquez v. Barr, 7/13/20)
CA2 Holds That Changed Circumstances Under INA §208(a)(2)(D) Need Not Arise Prior to the Filing of an Asylum Application
Granting the petition for review, the court held that pursuant to INA §208(a)(2)(D), changed circumstances presenting an exception to the one-year deadline for filing an asylum application need not arise prior to the filing of the application. (Ordonez Azmen v. Barr, 7/13/20)
CA2 Finds BIA Erred in Denying Petitioner’s Motion to Suppress Evidence of Her Alienage Without an Evidentiary Hearing
Applying the standard set in Cotzojay v. Holder to petitioner’s motion to suppress evidence, the court concluded that the petitioner had submitted sufficient evidence of an egregious Fourth Amendment violation to warrant an evidentiary hearing. (Millan-Hernandez v. Barr, 7/13/20)
Class Action Lawsuit in Minnesota Challenges Matter of Castro-Tum
Plaintiffs filed a class action lawsuit in federal district court on behalf of certain individuals in Minnesota who are ineligible to apply for a provisional unlawful presence waiver because their removal proceedings are not administratively closed. (Lopez, et al. v. Barr, et al., 7/13/20)
CA4 Says Convictions for Leaving an Accident and Using False Identification in Virginia Are Not CIMTs
The court held that the petitioner’s convictions for leaving an accident in violation of Va. Code Ann. §46.2–894 and for using false identification in violation of Va. Code Ann. §18.2–186.3(B1) were not categorically crimes involving moral turpitude (CIMTs). (Nunez-Vasquez v. Barr, 7/13/20)
The Roundtable of Former Immigration Judges Submits Comment on Proposed Plans to End Asylum
The Roundtable of Former Immigration Judges sent a letter to EOIR and USCIS opposing the proposed rule that would make multiple changes to regulations governing asylum, withholding of removal, and CAT protection. The Roundtable urge the departments to withdraw all sections of the proposed rule.
AILA Urges President Trump to Leave the DACA Program in Place
On July 11, 2020, the Coalition for the American Dream, which includes AILA, sent a letter to President Trump urging him to leave the DACA program in place and refrain from taking any additional administrative actions that would negatively impact the program.
Practice Alert: Spreadsheet Detailing Local ICE ERO Check-In Procedures During the COVID-19 Pandemic
This practice alert contains a spreadsheet with information regarding local ICE ERO check-in procedures during the COVID-19 pandemic. The information included is updated by local ICE liaisons.
Government Accountability Project Sends Letter to Congressional Leaders on Whistleblower Disclosures Regarding Mismanagement of ICE Detention Faciliti
The Government Accountability Project (GAP) sent a letter to congressional leaders summarizing information from whistleblowers that addresses the mismanagement of COVID-19 issues by Lasalle Corrections. The disclosures highlight ongoing and imminent dangers to workers, immigrants, and public safety.
CA6 Finds Petitioner Failed to Show That She Would Likely Be Tortured in Bosnia
The court upheld the BIA’s denial of deferral of removal, finding that nothing in the record proved that any mistreatment the petitioner might face in Bosnia due to her family ties and criminal past was more likely than not to rise to the extreme level of torture. (Kilic v. Barr, 7/10/20)
CA9 Says Conviction for Petty Theft in California Is a CIMT (Withdrawn)
The court held that petitioner’s conviction for petty theft in California was a CIMT, and that the BIA did not abuse its discretion in denying his motion to reopen to seek asylum based on changed country conditions in the Philippines. (Silva v. Barr, 7/10/20, withdrawn 3/30/21)
U.S. Conference of Mayors Urges the President and Congress to Protect Dreamers
On July 9, 2020, the U.S. Conference of Mayors published an open letter to the President urging to maintain DACA and Congress to pass legislation that would provide Dreamers with citizenship.
HR. 7569: Immigration Enforcement Moratorium Act
Reps. Escobar (TX-16) and Wilson (FL-24) introduced the “Immigration Enforcement Moratorium Act” to halt the administration’s harmful immigration enforcement activities during the COVID-19 pandemic, citing AILA’s prior calls on DOJ to cease in-person removal proceedings. AILA endorses this bill.
USCIS and EOIR Proposed Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal
USCIS/EOIR proposed rule to let DHS/DOJ consider “emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics" when determining ineligibility for asylum or withholding of removal. Comments due 8/10/20. (85 FR 41201, 7/9/20)
BIA Reopens and Terminates Sua Sponte in Light of Mellouli
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding selling a precursor substance (pseudoephedrine) under Okla. Stat. 2-328 is not a controlled substance offense under Mellouli v. Lynch. Special thanks to IRAC. (Matter of Nguyen, 7/9/20)
BIA Finds Possession of Methamphetamine in Colorado Is Not a Controlled Substance Offense
Unpublished BIA decision holds unlawful possession of a controlled substance (methamphetamine) under Colo. Rev. Stat. 18-18-403.5 not a controlled substance offense under reasoning of Arellano v. Barr, 784 F. App’x 609 (10th Cir. 2019). Special thanks to IRAC. (Matter of Holod, 7/9/20)
BIA Rescinds In Absentia Order Following Prompt Filing of Motion to Reopen
Unpublished BIA decision rescinds in absentia order where respondent filed motion within 15 days and submitted affidavit disavowing receipt of hearing notice. Special thanks to IRAC. (Matter of Suilma-Andrade, 7/9/20)
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/20 and ending 9/30/20, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.15 per centum per annum. (85 FR 41097, 7/8/20)