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
ICE Email to Journalist Confirms 2009 and 2011 Policy Memos Are Still in Effect
In an email sent to a Searchlight New Mexico journalist, ICE confirmed that the 2011 prosecutorial discretion memo and the 2009 Stay of Removal memo for U and T visa petitioners are still in effect.
Former IJ Jeffrey Chase Discusses BIA and Selective Dismissal
Former IJ Jeffrey Chase discussed Matter of Andrade Jaso and Matter of Carbajal Ayala, which held that IJs have the authority to dismiss removal proceedings upon finding the filing of a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal.
Highlights from Spring Liaison Meeting Between AILA and DOS (4/11/19)
Unofficial notes and highlights from the DOS Liaison Committee’s meeting with the Department of State Visa Office on 4/11/19.
CA7 Upholds Denial of Untimely Request for Continuance Where Good Cause Was Not Shown
The court held that the BIA did not abuse its discretion by denying an untimely motion to continue a removal hearing where it found that good cause was not shown, because it gave rational reasons for the denial and did not rest its decision on an impermissible basis. (Toure v. Barr, 6/7/19)
AILA and Partners Submit Amicus Brief Raising Concerns About the Elements of Robbery
AILA and other groups submitted an amicus brief to the Ninth Circuit Court of Appeals in Lopez-Aguilar v. Barr arguing that the Oregon Revised Statues §164.395 is overbroad to the generic crime of theft and departs substantially from the 50 states and the District of Columbia.
GAO Issues Report on Immigration Enforcement and Cases Involving Noncitizen Veterans
The GAO issued a report finding that ICE does not consistently adhere to its policies for handling cases of noncitizen veterans who may be subject to removal. The report also found that ICE does not consistently identify and track such veterans.
CA9 Says Petitioner’s Conviction for Third-Degree Robbery in Oregon Is Not a CIMT
The court granted in part the petition for review, holding that petitioner’s Oregon conviction for third-degree robbery was not categorically a crime involving moral turpitude (CIMT) that would make him ineligible for cancellation of removal. (Aguirre Barbosa v. Barr, 3/28/19, amended 6/6/19)
AILA Quicktake #267: The American Dream and Promise Act Passes the House of Representatives
The American Dream and Promise Act, which would provide protection from deportation and a path to citizenship to over 2 million Dreamers and TPS and DED recipients, passed the House. AILA's Associate Director of Government Relations Kate Voigt discusses the significance of this landmark bill.
House Passes the American Dream and Promise Act
AILA applauds the passage of the American Dream and Promise Act in the House of Representatives.
The Degradation of Padilla Rights in Nebraska
Law Student member Damon Hudson discusses the impact of Padilla v. Kentucky in Nebraska and how the Nebraska Supreme Court has limited Padilla rights.
FOIA Reveals EOIR’s 2018 IJ Training, Court Performance Measures Adjournment Codes
AILA and the American Immigration Council obtained via FOIA EOIR’s training materials on Court Performance Measures Adjournment Codes from the June 2018 Legal Training Program for immigration judges.
AILA Issues Vote Recommendation on H.R. 6
AILA urges members of Congress to vote YES on Representative Lucille Roybal-Allard’s (D-CA) American Dream and Promise Act (H.R. 6), which would offer Dreamers and TPS/DED recipients protection from deportation and allow contribution to economic growth.
Practice Alert: EOIR Policy Memo, No Dark Courtrooms
AILA issued a practice alert on EOIR’s policy memo, No Dark Courtrooms, effective Wednesday, 5/1/19. This memo formalizes EOIR’s policy of “no dark courtrooms” and directs “OCIJ managers to ensure…that all blocks of available immigration court time are being utilized for scheduling cases.”
CA7 Says LPR Convicted of Unlawful Possession of Xanax Pills Without a Prescription in Illinois Is Not Removable
The court held that the Illinois criminal law under which the lawful permanent resident (LPR) petitioner had been convicted of unlawful possession of Xanax pills was not divisible, and thus found that the petitioner’s conviction did not render him removable. (Najera-Rodriguez v. Barr, 6/4/19)
H.R. 6: American Dream and Promise Act of 2019
On March 12, 2019, Rep. Roybal-Allard (D-CA) introduced H.R. 6 to allow Dreamers, TPS recipients, and Deferred Enforced Departure (DED) recipients to apply for permanent legal status. On June 4, 2019, H.R. 6 passed the House of Representatives by a recorded vote of 237–187. AILA endorses this bill.
BIA Holds Florida Grand Theft Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because text of statute itself creates realistic probability of prosecutions for joyriding. Special thanks to IRAC. (Matter of Artiles Valdes, 6/4/19)
BIA Terminates Proceedings Following Grant of T Status
Unpublished BIA decision terminates proceedings upon finding that grant of T status qualifies as an admission rendering respondent no longer inadmissible under INA 212(a)(6)(A)(i). Special thanks to IRAC. (Matter of E-A-M-Z-, 6/4/19)
BIA Rescinds In Absentia Order Against Respondent Stuck in Security Line
Unpublished BIA decision rescinds in absentia order against respondent who was standing in line at Miami Immigration Court at 7:50 am but did not reach courtroom until 8:15 am. Special thanks to IRAC. (Matter of O-A-M-A-, 6/4/19)
Supreme Court Rejects Government’s Request to Fast Track DACA Case
In a one-sentence order, the U.S. Supreme Court denied the Trump administration’s motion to expedite consideration of the petition for a writ of certiorari. (DHS, et al. v. Casa de Maryland, et al., 6/3/19)
DHS OIG Issues Report After Immediate Risks and Egregious Violations Found at ICE Detention Facilities
DHS OIG issued a report after it conducted inspections of four detention facilities and found violations of ICE’s National Detention Standards, including “immediate risks or egregious violations of detention standards in Adelanto, VA, and Essex County, NJ….”
BIA Finds IJs Can Dismiss Removal Proceedings If They Find Meritless Asylum Applications for Sole Purpose of Seeking Cancellation
The BIA held that IJs have the authority to dismiss removal proceedings if they determine its a meritless asylum application with USCIS for the sole purpose of seeking cancellation in the Immigration Court. Matter of Andrade Jaso and Matter of Carbajal Ayala, 27 I&N Dec. 557 (BIA 2019)
CA1 Says It Lacks Jurisdiction Under INA §242(a)(2)(C) to Consider Challenge to Withholding of Removal Denial
The court held that it lacked jurisdiction to consider the petitioner’s challenge to the denial of withholding of removal, because the petitioner, who had been convicted of a crime involving moral turpitude, raised no colorable legal or constitutional claims. (Fabian-Soriano v. Barr, 5/31/19)
CA9 Remands for BIA to Reconsider CAT Claim of Christian Chinese Petitioner
The court upheld the BIA’s determination that the petitioner had committed a serious nonpolitical offense and was therefore ineligible for asylum and withholding of removal, but remanded to the BIA for further consideration of Convention Against Torture (CAT) relief. (Guan v. Barr, 5/30/19)
ACLU of LA and SPLC File Suit Against Trump Administration for Categorically Denying Parole to Asylum Seekers
The American Civil Liberties Union of Louisiana (ACLU of LA) and the Southern Poverty Law Center (SPLC) filed a lawsuit against the Trump administration for categorically denying release from detention centers to hundreds of asylum seekers. (Heredia Mons, et al. v. McAleenan, et al., 5/30/19)
Practice Alert: AG Certifies Cases on Judicial Alteration of a Criminal Conviction or Sentence
AILA provides a practice alert on the AG certification of cases related to the judicial alteration of a criminal conviction or sentence. Attorneys should consider potential holdings to protect client interests. Special thanks to Russell Abrutyn and the Amicus Committee.