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
Documents Related to NAACP’s Lawsuit Challenging the Rescission of DACA
The Supreme Court granted certiorari to consider the issue of DHS’s decision to rescind the DACA program. The Court consolidated this case together with DHS v. Regents of the University of California. (Trump v. NAACP, 6/28/19)
CA8 Finds It Lacks Jurisdiction to Review Reinstatement of Mexican Petitioner’s 2003 Removal Order
The court held that it lacked jurisdiction to review the reinstatement of petitioner’s prior removal order because the issue had not been exhausted, and found that petitioner could not succeed on his due process claim because he had failed to show prejudice. (Mendez-Gomez v. Barr, 6/27/19)
Justice Campaign Call: ICE Raids State of Play
News of the impending mass arrests of families and the exposure of children to terrible conditions at the border is nothing short of devastating. Listen to the Justice Campaign discuss what ICE raids targeting families have looked like in the past and what we might need from volunteers.
AG Refers Two BIA Cases to Himself and Solicits Amici on Judicial Alteration of a Criminal Conviction or Sentence
The AG invites amici on whether judicial alteration of a criminal conviction or sentence should be taken into consideration in determining the immigration consequences of convictions. Briefs are now due by 8/2/19. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 556 (A.G. 2019)
Practice Pointer: The Illinois Cannabis Regulation and Tax Act and Its Effect on Immigration
AILA provides a practice pointer on cannabis legalization in Illinois and how the Regulation and Tax Act creates a system for expungement, pardon, and vacating certain cannabis convictions. Special thanks to Lindsay Fullerton.
CA4 Finds Reasonable Probability LPR Facing Deportation Would Not Have Pled Guilty but for Ineffective Assistance of Counsel
The court found that the evidence demonstrated a reasonable probability that, had the lawful permanent resident (LPR) appellant known the true and certain extent of the immigration consequences of his guilty plea, he would have refused it. (United States v. Carrillo Murillo, 6/24/19)
Supreme Court Says Definition of “Crime of Violence” in Context of Federal Firearms Prosecutions Is Unconstitutionally Vague
The Court held that 18 USC §924(c)(3)(B), which lays out the definition of “crime of violence” for purposes of a law authorizing heightened penalties for use of a firearm in connection with any federal crime of violence, is unconstitutionally vague. (United States v. Davis, et al., 6/24/19)
AILA: Raids Targeting Families Would Sow Fear and Solve Nothing at Border
AILA issued a statement in response to widespread reports that ICE will be conducting mass round-ups of vulnerable families. Marketa Lindt, AILA President, noted, “Conducting raids on families would sow more fear and confusion without bringing order to the border region.”
NARA Notice of Reply to Public Comments on 2017 ICE Proposal to Destroy Records on Detainees
National Archives and Records Administration (NARA) notice of the publication of a consolidated reply to comments submitted on a 2017 ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (84 FR 29247, 6/21/19)
Advocates File Lawsuit to End ICE’s Blanket Use of Video Teleconferencing at Varick Street Immigration Court
Advocates filed a federal lawsuit in the United States District Court for the Southern District of New York challenging ICE refusal to bring immigrants to court for deportation hearings. (P.L. v. ICE, 2/12/19)
BIA Reverses Grant of DHS Motion to Change Venue
Unpublished BIA decision grants interlocutory appeal and reverses grant of DHS motion to change venue to Orlando because of respondent’s willingness to travel back to New York to be represented by pro bono attorney. Special thanks to IRAC. (Matter of Ramirez Acosta, 6/21/19)
BIA Holds No Bond Required When Voluntary Departure Granted Under Safeguards
Unpublished BIA decision vacates requirement that respondent post voluntary departure bond because respondent was detained and voluntary departure was granted under safeguards. Special thanks to IRAC. (Matter of Fuentes Sanchez, 6/20/19)
District Court Grants Preliminary Injunction Barring ICE from Conducting Immigration Arrests in Massachusetts Courthouses
The court enjoined U.S. Immigration and Customs Enforcement (ICE) from implementing ICE Directive No. 11072 and from civilly arresting parties, witnesses, and others attending Massachusetts courthouses on official business. (Ryan, et al. v. ICE, et al., 6/20/19)
CA8 Affirms BIA’s Denial of Motion to Reopen Based on Changed Country Conditions in Mexico
The court found that the BIA did not abuse its discretion in determining that the petitioner’s evidence of vague threats by gang members failed to establish past persecution and in finding that he failed to show a well-founded fear of future persecution. (Rivera-Guerrero v. Barr, 6/20/19)
BIA Rescinds In Absentia Order Against Respondent Who Regularly Reported to ICE
Unpublished BIA decision rescinds in absentia order against respondent who displayed diligence in seeking reopening and regularly reported to ICE after being released on recognizance. Special thanks to IRAC. (Matter of Bustillo-Marquez, 6/19/19)
CA2 Finds New York Conviction for Child Endangerment Is a Crime of Child Abuse Under INA §237(a)(2)(E)(i)
Deferring to its precedent, the court found that the BIA’s definition of a crime of child abuse includes child endangerment offenses, and held that the New York law under which petitioner had been convicted was categorically a crime of child abuse under the INA. (Matthews v. Barr, 6/18/19)
AILA and Partners Submit Amicus Brief on Detention During Withholding-Only Proceedings
AILA and other groups submit an amicus brief to the Eleventh Circuit in Radzhabov v. Barr urging the court to affirm the district court’s decision and find that 8 U.S.C. § 1226(a) governs detention during withholding-only proceedings and thus these individuals have a right to a bond hearing.
TRAC Report Finds That Most Released Families Attend Immigration Court Hearings
Transactional Records Access Clearinghouse (TRAC) found that, as of 5/19, of the 47,000 families seeking asylum, almost six out of seven families released from custody showed up for their initial court hearing. For families with legal representation, appearance rates were as high as 99.9 percent.
EOIR Announces New Chief Administrative Law Judge
EOIR announced the investiture of Jean King as the chief administrative law judge in EOIR’s Office of the Chief Administrative Hearing Officer. Ms. King served as general counsel of EOIR prior to assuming her current duties.
The Real Alternatives to Detention
AILA, Women's Refugee Commission, Lutheran Immigration and Refugee Service, National Immigrant Justice Center, and Migration and Refugee Services provide a backgrounder about cost-efficient alternatives to detention (ATD).
CA1 Upholds Asylum Denial to Salvadoran Woman Who Stated She Was Unable to Leave Domestic Relationship
The court upheld BIA’s vacatur of the IJ’s decision granting petitioner and her children asylum, holding that the record was insufficient as a matter of law to support the IJ’s factual finding that the petitioner fit within her proposed social group. (Rivas-Durán, et al. v. Barr, 6/17/19)
District Court Grants Writ of Habeas Corpus Where Petitioner’s Initial Detention Lacked Written Notice and Service
The district court granted a writ of habeas corpus to petitioner, finding that his detention was unconstitutional because he was not served with any Notice of Reinstatement and never received written notice prior to or immediately after his detention. (Martinez v. McAleenan, et al., 6/14/19)
CA4 Reverses BIA’s Determination on Nexus Requirement for Asylum and Withholding of Removal
The court vacated the denial of petitioner’s asylum and withholding of removal claims, reversed the BIA’s determination that the petitioner had failed to establish the required nexus between her persecution and her proposed protected statuses, and remanded. (Alvarez Lagos v. Barr, 6/14/19)
D.C. Circuit Court Affirms Preliminary Injunction Against Blanket Denial of Abortion Access for UACs
The court affirmed the preliminary injunction against the government’s blanket denial of access to abortion for unaccompanied minors (UACs), but vacated the injunction’s prohibition against disclosing a UAC’s pregnancy and abortion decision. (J.D., et al. v. Alex Azar, II, et al., 6/14/19)
CA9 Says ICE Cannot Carry Out Preplanned Mass Detentions, Interrogations, and Arrests Without Individualized Reasonable Suspicion
The court granted the petition for review, holding that Immigration and Customs Enforcement (ICE) agents were not permitted to carry out preplanned mass detentions, interrogations, and arrests at a factory without individualized reasonable suspicion. (Perez Cruz v. Barr, 6/13/19)