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 Submit Amicus Brief to the Ninth Circuit on the Term “Crime of Child Abuse”
AILA submitted an amicus brief to the Ninth Circuit in Blanco-Hernandez v. Barr urging the court to uphold the Supreme Court’s opinion in Esquivel-Quintana v. Sessions on the interpretation of the term “crime of child abuse” as it relates to consensual sex with a person 16 or older.
BIA Rules That Torturous Conduct by a Public Official Not Acting in an Official Capacity Is Not Covered by CAT
BIA ruled that only torturous conduct committed by a public official acting “in an official capacity” “under color of law” is covered by CAT. Conduct by an official not acting in an official capacity is not covered by the Convention. Matter of O-F-A-S-, 27 I&N Dec. 709 (BIA 2019)
TRAC Report Shows ICE Detains Fewer Immigrants with Serious Criminal Convictions Under Trump Administration
TRAC found that despite the growth of ICE detention, the number of detainees with serious criminal convictions has been falling steadily since 2017. Further, data showed that gang violence, terrorism, election fraud - convictions often associated with undocumented migrants - are remarkably rare.
BIA Finds New York Firearm Definition Includes Antique Firearms
Unpublished BIA decision holds criminal sale of a firearm under N.Y.P.L. 265.11(1) not a firearms offense or aggravated felony because it applies to loaded antique firearms. Special thanks to IRAC. (Matter of H-A-T-M-, 12/6/19)
BIA Reverses Finding of Fraud in Employment-Based Visa Petition
Unpublished BIA decision reverses finding that respondent made material misrepresentation by signing Form I-485 accompanying fraudulent visa petition because application did not state that he had to be currently employed by petitioner. Special thanks to IRAC. (Matter of Park, 12/6/19)
BIA Gives Effect to Pardon Issued by Connecticut Parole Board
Unpublished BIA decision holds that grant of full and absolute pardon by Connecticut Board of Pardons and Paroles is equivalent to pardon from state governor. Special thanks to IRAC. (Matter of Walton, 12/5/19)
GAO Study Shows ICE Arrests, Detentions, and Removals Increased from 2015 to 2018
A GAO study shows that the number of ICE arrests, detentions, and removals increased from 2015–18. Men from Mexico, Guatemala, El Salvador, and Honduras, and convicted criminals accounted for the majority of ICE arrests. Detentions of transgender, pregnant, and disabled individuals also increased.
ACLU Files Lawsuit Challenging Expedited Removal Pilot Program
The ACLU of Texas, the ACLU National, and the ACLU of DC filed a lawsuit challenging an “expedited removal” pilot program used to hold asylum seekers in CBP facilities without effective access to attorneys before they are removed. (Las Americas Immigrant Advocacy Center v. Wolf, 12/5/19)
AILA Submits Amicus Brief to BIA on the Term “Crime of Child Abuse”
AILA submitted an amicus brief urging the BIA to hold the Supreme Court’s opinion in Esquivel-Quintana v. Sessions on the interpretation of the term “crime of child abuse” as it relates to consensual sex with a person 16 or older.
CA5 Upholds Asylum Denial to Honduran Woman Who Was Harassed by Gang Members After Her Brother’s Murder
The court upheld the denial of asylum, finding that there was substantial evidence to conclude that the hardships petitioner had experienced in Honduras following her brother’s murder—namely, threats and men following her—did not constitute past persecution. (Martinez-Lopez v. Barr, 12/4/19)
Practice Advisory: Pereira v. Sessions – Updated Strategies and Considerations
The U.S. Supreme Court held in Pereira v. Sessions that service of a defective NTA does not cut off eligibility for cancellation of removal. This CLINIC practice advisory provides practitioners with strategies and considerations based on the Pereira holding and rationale.
CA11 Says “Women in Mexico Who Are Unable to Leave Their Domestic Relationships” Is Not a Cognizable Particular Social Group
The court held that, in light of the Attorney General’s 2018 decision in Matter of A-B-, “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the INA. (Amezcua-Preciado v. Att’y Gen., 12/3/19)
CA2 Finds New York Conviction for Attempted Sexual Conduct with a Minor Under 15 Was an Aggravated Felony
The court held that the petitioner’s conviction under New York law for attempted oral or anal sexual conduct with a person under the age of 15 was a conviction constituting sexual abuse of a minor, and was thus an aggravated felony under INA §227(a)(2)(A)(iii). (Acevedo v. Barr, 12/3/19)
ICE Opening New Detention Facility in West Texas
ICE announced that it is opening the Bluebonnet Detention Center in Anson, Texas, the week of December 9, 2019. The facility, which will be managed by Management and Training Corporation (MTC), will house about 1,000 ICE detainees as they await outcomes of their immigration proceedings or removal.
EOIR Provides Guidance on the Phase-Out of the Interactive Scheduling System
Obtained via FOIA, EOIR provides the guidance to EOIR staff regarding the phase-out of the Interactive Scheduling System and replacement by the DHS Portal to schedule Notices to Appear. Special thanks to Aaron Hall.
ICE Provides Guidance on the Phase-Out of the Interactive Scheduling System
Obtained via FOIA, ICE provided the guidance to ICE staff regarding the phase-out of the Interactive Scheduling System and replacement by the DHS Portal to schedule Notices to Appear. The Portal replaced CASE-ISS as of August 2019. Special thanks to Aaron Hall.
AILA and the Council Send Follow-Up Letter Regarding Complaint Highlighting Due Process Violations at the El Paso Immigration Court
AILA and the Council sent a letter to DOJ’s EOIR, OIG, and OPR asking for an update about any changes EOIR has made regarding standing orders and about any investigations, disciplinary measures, or systematic changes at the El Paso SPC Court that may have occurred as a result of the prior complaint.
Immigrants Rising Releases Report Analyzing a Decade of Legal Intakes From Undocumented Immigrants
Immigrants Rising released a report analyzing ten years of legal intakes for almost 3,000 undocumented immigrants. Among other things, the report found that 21 percent of respondents were potentially eligible for permanent relief, and that 93 percent would be eligible for relief under the Dream Act.
BIA States Motions to Reissue Are Distinct from Motions to Reopen
Unpublished BIA decision states that motions to reissue are distinct from motions to reopen. Special thanks to IRAC. (Matter of Sanchez-Garcia, 11/29/19)
BIA Holds Florida Theft Not a CIMT
Unpublished BIA decision holds that theft under Fla. Stat. Ann. 812.014 is not a CIMT because plain language of statute criminalizes the temporary taking of property without requiring a substantial deprivation to the owner. Special thanks to IRAC. (Matter of Ramos Bauza, 11/29/19)
District Court Holds Government Bears Burden of Proof in Justifying a Noncitizen’s Detention at INA §236(a) Bond Hearings
The U.S. District Court for the District of Massachusetts held that the BIA’s policy of placing the burden of proof on the noncitizen at INA §236(a) bond hearings violates due process and the Administrative Procedure Act (APA). (Brito, et al. v. Barr, et al., 11/27/19)
District Court Grants Class Action Status in Case Brought by Adelanto ICE Detainees Against Private Prison Firm
In a case alleging that the GEO Group required ICE detainees at the Adelanto Detention Facility to work for little to no pay, the U.S. District Court for the Central District of California granted the plaintiffs’ motion for class certification. (Novoa, et al. v. The GEO Group, Inc., 11/26/19)
Practice Alert: DHS Issuing NTAs with Fake Times and Dates
Back in 2015, EOIR used a “parking date” of November 29, 2019, to help manage its immigration court docket. AILA is trying to gauge if these hearings have been rescheduled. Please submit your examples if you have a hearing on that date.
TRAC Finds Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction
TRAC found that the growth in detention by ICE over the past four years has been fueled by a steady increase in the number of detainees with no criminal history. As of April 2019, 64 percent of detainees had no criminal conviction on record, compared to just under 40 percent four years prior.
IJ Holds Respondent’s Convictions for Third-Degree Grand Theft and Petit Larceny in Florida Are Not CIMTs
The Immigration Judge held that the respondent’s convictions for grand theft in the third degree and petit larceny in violation of section 812.014 of the Florida Statutes were not categorically crimes against moral turpitude (CIMTs). Courtesy of Ronald Haber. (Matter of Pierre, 11/26/19)