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
BIA Issues Ruling on PSG Analysis Based on “Former” Status
The BIA held that, where a particular social group (PSG) is defined by “former” status, IJs must ensure the persecutor’s conduct was based on a desire to overcome or animus toward respondent’s membership in a group defined by that status. Matter of O–A–R–G–, et al., 29 I&N Dec. 30 (BIA 2025)
EOIR Issues Policy Memo on Pretermission of Legally Insufficient Asylum Applications
On 4/11/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-28 to provide guidance on the legal standards related to the pretermission of a legally insufficient application for asylum.
EOIR Actively Recruiting and Hiring Attorney Positions
EOIR is actively recruiting and hiring for attorney positions, including an Immigration Judge position (closing on 4/24/25).
CA3 Finds IJ Did Not Abuse His Discretion in Denying Petitioner’s Asylum Application in First Instance and Upon Reconsideration
The court held that the IJ did not act arbitrarily or capriciously in finding that petitioner was not entitled to asylum in the first instance, and that the IJ reconsidered the discretionary denial of asylum in accordance with 8 CFR §1208.16(e) and caselaw. (Thankarasa v. Att’y Gen., 4/10/25)
CA4 Holds That Petitioner’s Conviction for Petit Larceny in Virginia Was a CIMT
The court held that the petitioner’s conviction for petit larceny in violation of Virginia Code §18.2-96 categorically qualified as a crime involving moral turpitude (CIMT), rendering the petitioner ineligible for cancellation of removal. (Chavez v. Bondi, 4/10/25)
DHS to Begin Screening Noncitizens’ Social Media Activity for Antisemitism
USCIS announced that it will begin considering noncitizens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. The guidance is effective immediately.
District Court TRO Blocks Deportations of Alleged Venezuelan Gang Members under AEA
A Texas federal district court temporarily enjoined the Trump Administration from deporting alleged members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act (AEA). (J.A.V. et al. v. Trump et al., 4/9/25)
DHS Announces Relaunch of Victims of Immigration Crime Engagement (VOICE) Office
At a press conference on 4/9/25, DHS Secretary Kristi Noem, ICE Acting Director Todd Lyons, and Deputy Director Madison Sheahan announced the relaunch of the Victims of Immigration Crime Engagement (VOICE) Office, which will assist victims of crimes committed by undocumented foreign nationals.
CA1 Holds That BIA Failed to Consider Findings from Psychological Report in Denying Cancellation of Removal
The court held that the BIA erred by failing to consider findings in a psychological report assessing the mental health status of petitioners’ child in determining that petitioners did not satisfy the “exceptional and extremely unusual” hardship standard. (Blanco Contreras v. Bondi, 4/9/25)
CBP’s Carrier Liaison Program Issues Bulletin on “Alien Removals”
CBP’s Carrier Liaison Program issued a bulletin on “alien removals” for carriers transporting passengers under either the Visa Waiver Program (VWP) or the Guam - Commonwealth of the Northern Mariana Islands Visa Waiver Program (G-CMNI VWP).
BIA Holds That 30-Day Appeal Filing Period Is Calculated from Date of IJ’s Oral Decision
The BIA held that when an IJ issues an oral decision, the 30-day appeal filing period is calculated from the date the decision is rendered and is unaffected by the subsequent mailing of a memorandum summarizing the oral decision. Matter of Iskandarani, 29 I&N Dec. 26 (BIA 2025)
ICE Policy 10039.3: Consideration of U.S. Military Service During Civil Immigration Enforcement Actions
This memo provides ICE personnel guidance on considering U.S. military service during civil immigration enforcement actions. U.S. military service will not automatically exempt noncitizens from enforcement actions. Considerations include active duty and possible eligibility for naturalization.
Call for Examples: Student Visa Revocations & Terminations
AILA is looking for specific examples of individuals who have had their student visa's revoked and SEVIS records terminated. Please complete the survey below. Your response will be collected and reviewed by AILA.
Supreme Court Allows Removal of Venezuelans under the Alien Enemies Act
In a case challenging the transfer of Venezuelan immigrants to an El Salvador prison under the Alien Enemies Act, the Supreme Court vacated the lower court’s orders, allowing the government’s actions to proceed. (Trump v. J.G.G., 4/7/25)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury (DOT) notice that for the period beginning 4/1/25 and ending 6/30/25, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (90 FR 14894, 4/4/25)
Executive Order on Making District of Columbia “Safe and Beautiful”
On 3/27/25, President Trump issued Executive Order (EO) 14252 which, among other things, establishes a task force to direct maximum enforcement of federal immigration law in the Washington, D.C., area and to monitor D.C.’s sanctuary city status. (90 FR 14559, 4/3/25)
CA1 Remands After Finding BIA May Have Endorsed IJ’s Use of Legally Erroneous “Ocular Visibility” Test
The court found that the BIA may have endorsed the IJ’s use of a legally erroneous “ocular visibility” test in evaluating whether the petitioner’s proposed particular social group (PSG) was socially distinct within Salvadoran society. (Alvarez Mendoza v. Bondi, 3/31/25)
ICE to Reopen Detention Center at Glades County Jail in Florida
ICE announced that it is reinstating the intergovernmental service agreement with the Glades County Board of County Commissioners to house ICE detainees at the Glades County Jail in Moore Haven, Florida. The agreement reestablishes the detention center and creates up to 500 additional beds.
Senators and Representatives Urge AG to Reverse Course on Firings of IJs
Sen. Dick Durbin (D-IL) and Rep. Jamie Raskin (D-MD) led 66 House and Senate Democrats in a letter to Attorney General Pam Bondi regarding EOIR's firings of immigration judges (IJs) and indications of plans to fire even more as immigration courts currently face a staggering backlog of cases.
BIA Clarifies Acquiescence Standard for CAT Claims Versus Asylum and Withholding Claims
The BIA held that, to meet the acquiescence standard for Convention Against Torture (CAT) protection, it is not sufficient to prove the potential for private actor violence coupled with a speculation that police cannot or will not help. Matter of M–S–I–, 29 I&N Dec. 61 (BIA 2025)
DHS Notice Extending Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Kristi Noem is extending the Acting Secretary of DHS’s 1/23/25 “Finding of Mass Influx of Aliens.” The finding will expire in 180 days. (90 FR 13622, 3/25/25
CA5 Finds BIA Did Not Act Ultra Vires When Temporary BIA Member Ordered Petitioner’s Removal
On remand from the U.S. Supreme Court, the court held that the petitioner’s ultra vires claim failed because he could not establish a statutory violation, and that even if a statutory violation were not required, he also failed to show a regulatory violation. (Ayala Chapa v. Bondi, 3/24/25)
EOIR Issues Memo Reinstating Prior Guidance on Use of Status Dockets in Immigration Court Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-27 rescinding and canceling the 10/4/22 Director’s Memorandum (DM) 23-01 and reinstating the 8/16/19 PM 19-13 on the use of status dockets in immigration proceedings.
Presidential Proclamation Invoking Alien Enemies Act for Tren De Aragua
On 3/14/25, President Trump issued a proclamation invoking the Alien Enemies Act of 1798, targeting for immediate apprehension and removal members of Tren de Aragua (TdA), a transnational criminal organization and a designated Foreign Terrorist Organization from Venezuela. (90 FR 13033, 3/20/25)
CA1 Finds BIA Failed to Consider Petitioner’s Son’s Individualized Circumstances in Making Hardship Determination
The court held that the BIA erred in finding that petitioner’s removal would not result in “exceptional and extremely unusual hardship” to the petitioner’s minor son, who suffered from an intellectual disability, for purposes of cancellation of removal. (Duarte De Martinez v. Bondi, 3/19/25)