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
CA9 Upholds Denial of Asylum to Indian Citizen Who Engaged in Whistleblowing Activities Exposing Police Corruption
Rejecting petitioner’s argument that Matter of N–M– is an unreasonable interpretation of the INA, the court held that petitioner had not established that he was persecuted because of his political opinion during confrontations with police in Punjab, India. (Singh v. Barr, 8/27/19)
DOJ Interim Rule Making Changes to EOIR, Including Delegating New Authority to EOIR Director
DOJ interim rule making organizational changes to EOIR including delegating authority to adjudicate backlogged appeals from the AG to the EOIR Director. The rule is effective 8/26/19, with comments accepted through 10/25/19. CLINIC provides a template comment. (84 FR 44537, 8/26/19)
TRAC Report Shows Number of Immigrants Awaiting Immigration Court Hearings Under Migrant Protection Protocols Increasing
TRAC found that during July 2019, 11,804 immigrants were sent to Mexico to await their MPP hearings, up from 5,883 in June. As of July-end, 26,001 immigrants have been channeled into MPP hearings. During July, 22.3 percent of newly recorded Immigration Court cases were assigned to Remain in Mexico.
Statement by Immigration Judges Union on Interim Rule Making Changes to Immigration Court System
Statement by the National Association of Immigration Judges on the interim rule published at 84 FR 44537, which makes significant changes to the organization of EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director.
EOIR Swears in Six New Board Members
EOIR announced the investiture of six new Board members: William A. Cassidy, V. Stuart Couch, Deborah K. Goodwin, Stephanie E. Gorman, Keith E. Hunsucker, and Earle B. Wilson. All six members were appointed by Attorney General William Barr in August 2019.
BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)
The BIA issued a decision clarifying the “substantial and probative evidence” standard of proof necessary to bar the approval of a visa petition based on marriage fraud under INA §204(c). Matter of Singh, 27 I&N Dec. 598 (BIA 2019)
EOIR Announces Selection of Four New Assistant Chief Immigration Judges
EOIR announced four new assistant chief immigration judges (ACIJs). ACIJs oversee the operations of the immigration courts to which they are assigned. The new ACIJs are: Grady A. Crooks, LaSalle; Theresa Holmes-Simmons, Charlotte; Hugo R. Martinez, Fort Worth; and Christopher R. Seppanen, Detroit.
DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors
Joint DHS and HHS final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19)
CA9 Finds Petitioner’s Reliance on Attorney’s Bad Advice Was Reasonable and Constituted Good Cause to Grant Continuance
The court held that the petitioner’s reliance on his lawyer’s erroneous advice that he was not required to update his fingerprints with DHS was reasonable and constituted good cause to grant a continuance under 8 CFR §1003.29. (Pleitez-Lopez v. Barr, 8/23/19)
Practice Alert: DHS and HHS Provide an Advance Copy of Final Rule to Terminate Flores Settlement Agreement
On 8/23/19, DHS and HHS published a joint final rule to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles in the Federal Register. The rule is effective 10/22/19.
South African National Removed Following Conviction for Assaulting Guard at ICE Facility
Ziyaya Mtola, a South African national, was removed to South Africa on August 20, 2019, following the conclusion of his 24-month federal prison term for assaulting a guard at the Buffalo Federal Detention Facility in Batavia, New York, in May 2017.
EOIR Opening New Immigration Court in New York City
EOIR announced it will be opening a new immigration court on Broadway in New York City on September 9, 2019. Notice includes the new court’s location, contact information, and hours of operation.
DHS and HHS Announce New Rule Terminating the Flores Settlement Agreement
DHS and HHS announced a final rule that amends regulations related to the apprehension, processing, care, custody, and release of undocumented minors and that would terminate the Flores Settlement Agreement.
Trump Administration Eliminates Established Protections for Children and Families
AILA leadership responds to the Trump administration’s announcement that it will reverse the Flores Settlement Agreement, a move that would authorize the indefinite detention of children and families in federal immigration detention facilities.
CA11 Remands Asylum Claim of Mexican Petitioner Targeted by Cartel Due to His Father-in-Law
The court remanded the petitioner’s asylum claims, finding that the Mexican petitioner’s relationship to his father-in-law was one central reason in the Gulf Cartel’s decision to persecute the petitioner, and thus satisfied the nexus requirement. (Perez-Sanchez v. Att’y Gen., 8/21/19)
U.S. Senators Urge Attorney General to Rescind Decision on Matter of L-E-A-
On 8/21/19, twelve senators sent a letter to Attorney General William Barr urging him to rescind his decision in Matter of L-E-A-, which limits access to asylum for people fleeing persecution abroad because of their family ties, citing that his decision disregards decades of legal precedent.
ICE Announced New Expeditious Removal Process for Guatemalans
ICE announced that since mid-July 2019, U.S. and Guatemala have implemented an expeditious removal process for Guatemalan citizens. In FY2019 to date, ICE has removed 49,000 Guatemalans compared to 50,000 in FY2018, and more than 1,500 members of family units, a 50 percent increase from last year.
CA5 Finds Oklahoma Firearm Transportation Conviction Did Not Disqualify Petitioner from Cancellation of Removal
The court held that petitioner's conviction did not disqualify him from cancellation of removal, because the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not a firearms offense listed in INA §237(a)(2)(C). (Flores-Abarca v. Barr, 8/16/19, withdrawn 8/28/19)
CA8 Says Denial of Unopposed Motion Is Not Presumptively an Abuse of Discretion
The court held that the denial of an unopposed, non-frivolous motion to reopen is not presumptively an abuse of discretion, and that the BIA did not abuse its discretion in ruling on the merits of the petitioner’s motion. (Mwangi v. Barr, 8/19/19)
BIA Terminates Proceedings Following Ninth Circuit Decision in Lorenzo
Unpublished BIA decision terminates proceedings following remand in Lorenzo v. Whitaker (9th Cir. 2019), in light of argument that CA definition of methamphetamine was overbroad because it included geometric isomers. Special thanks to IRAC. (Matter of Atenia Lorenzo, 8/19/19)
Lawsuit Alleges Wrongful Death in Texas County Jail Due to Family Separation Policy
The Texas Civil Rights Project filed a lawsuit against the federal government and Starr County in South Texas over the wrongful death of a father who died at a county jail after he was separated from his child due to the zero-tolerance policy. (Peña Arita v. United States, et al., 8/18/19)
EOIR Releases Policy Memo on Use of Status Dockets in Immigration Court Proceedings
EOIR released a policy memo explicating the use of status dockets for courts that utilize them. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law." The memo defines three categories of status cases that may be put on a status docket.
EOIR Releases Policy Memo on Allegations of Misconduct by EOIR Adjudicators and Ex Parte Communications
EOIR released a policy memo on ex parte communications, and the limited circumstances in which they may be permissible. The memo also notes that allegations of misconduct raised against EOIR adjudicators by a stakeholder does not constitute an improper ex parte communication.
CA3 Revives Lawsuit of Students Caught in Fake University Visa Sting After Finding Order Terminating Their F-1 Status Was Final Agency Action
The court held that the order terminating the appellants’ F-1 visa status marked the consummation of ICE’s decision-making process, and therefore constituted a final order for the purposes of Administrative Procedure Act (APA) jurisdiction. (Fang, et al. v. Director of ICE, et al., 8/15/19)
AILA: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence
AILA Executive Director Benjamin Johnson responds to DOJ’s effort to strip immigration judges of their right to be represented by a union.