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 Holds Minnesota Joyriding Statute Not an Aggravated Felony
Unpublished BIA decision holds that taking or driving a motor vehicle without the consent of the owner under Minn. Stat. 609.52, subd. 2(a)(17) is not an aggravated felony theft offense. Special thanks to IRAC. (Matter of B-A-D-, 12/6/18)
BIA Rescinds In Absentia Order Due to Tardy Filing of NTA
Unpublished BIA decision rescinds in absentia order because DHS did not file NTA prior to originally scheduled hearing and respondent thus had no obligation to inform court of change of address. Special thanks to IRAC. (Matter of Abarca, 12/6/18)
U.S. Senators Demand Information on Death of Transgender Woman in ICE Custody
On 12/5/18, Senators Tom Udall (D-NM), Martin Heinrich (D-NM), and Kamala Harris (D-CA) sent a letter to ICE Acting Director Ronald Vitiello and CBP Commissioner Kevin McAleenan demanding information on the death of Roxana Hernandez, a transgender woman who died while in ICE custody.
AILA, ASISTA, and ILRC Provide Annotated Notes and Practice Pointers on Updated NTA Policy Guidance
AILA, ASISTA, and ILRC have collaborated and issued joint annotated notes and practice pointers on the 11/8/18 announcement from USCIS expanding the Notices to Appear policy so that it affects survivors of violence and abuse.
Government Data Reveals the Inner Workings of the U.S. Immigration Detention System
The American Immigration Council released a report, “The Landscape of Immigration Detention in the United States,” revealing that detained individuals were commonly held in private facilities and located in remote areas, far away from basic community support structures and legal advocacy networks.
Former Chairman of the BIA Paul W. Schmidt’s Speech on Winning Asylum and Saving Lives in the Era of A-B-
In a blog post on 12/4/18 former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered at the New York City Bar on seven steps to success for winning asylum cases in the era of Matter of A-B-.
CA9 Finds Law Prohibiting Individuals from Encouraging Unauthorized Immigration Violates Constitutional Right to Free Speech
The court held that INA §274(a)(1)(A)(iv) violates the First Amendment, because it criminalizes a substantial amount of protected speech in relation to the narrow band of conduct and unprotected expression that the statute legitimately prohibits. (United States v. Sineneng-Smith, 12/4/18)
EOIR Announces All Offices Will Be Closed on December 5, 2018
EOIR announced on Twitter that immigration court hearings scheduled for December 5, 2018, will be rescheduled and new hearing notices will be sent to both parties.
District Court Complaint Alleging Unconstitutionality of Appointment of Acting AG
Petitioner in removal proceedings filed for declaratory and injunctive relief, alleging Acting AG Whitaker’s appointment violated Appointments Clause, AG Succession Statute, and FVRA; and that any EOIR/IJ actions under his delegated authority are ultra vires. (Rojo-Ramirez v. Trump, 12/4/18)
The Council and Other Immigrant Rights Organizations File Amicus Brief Arguing Acting AG Whitaker Lacks Authority to Decide Immigration Case
The American Immigration Council and advocates filed an amicus brief in Matter of Negusie that explains why President Donald Trump’s designation of Matthew G. Whitaker as acting attorney general is unlawful. Thus, Mr. Whitaker lacks the authority to decide a critical immigration case.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-881
USCIS 60-day notice and request for comments on proposed revisions to Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal. Comments are due 2/1/19. (83 FR 62338, 12/3/18)
Practice Pointer: Matter of S-O-G- and F-D-B-
On 9/18/18, the AG issued a self-certified decision, limiting the power of IJs to dismiss or terminate removal proceedings, absent very narrow circumstances. This practice pointer examines the decision’s major holdings, provides tips for affected cases, and highlights additional resources.
BIA Grants Change of Venue in Interlocutory Appeal
Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and attorney. Special thanks to IRAC. (Matter of S-G-P-M-, 12/3/18)
Leader Pelosi Issues Statement on Immigration Priorities for the 116th Congress
On 12/1/18, leader Nancy Pelosi (D-CA) released a statement on the House Democratic Majority’s commitment to protect Dreamers and TPS recipients, as well as holding the administration for their “zero tolerance policy” which resulted in the separation of parents and children, in the 116th Congress.
AILA and the Council Submit Amicus Brief Challenging BIA Decision on Motions to Reopen
AILA and the American Immigration Council submitted an amicus brief in the Ninth Circuit’s Amaya v. Whitaker, challenging the BIA decision that the reinstatement statute bars all motions to reopen.
U.S. Representatives Send Letter to President Trump on “Remain in Mexico” Policy
On 11/30/18, Representatives Meng (D-NY), Price (D-NC), and Castro (D-TX) sent a letter to President Trump urging him to stop negotiations with incoming President of Mexico Andres Manuel Lopez Obrador on the “remain in Mexico” plan for asylum seekers.
Practice Pointer: Admissibility and the Changing Landscape of Legal Marijuana
AILA’s CBP Liaison Committee discuss how recent shifts in the legal landscape of marijuana use and cultivation in the United States and Canada may impact an individual’s admissibility to the United States.
CA4 Grants Review and Remands, Holds BIA Erred in Finding Asylum, W/H Applicant Failed to Establish Past Persecution Despite Numerous Death Threats
The court held death threats, alone, established past persecution and BIA abused its discretion by requiring additional proof of long-term physical/mental harm; remanded to determine if applicant has well-founded fear for future persecution. (Tairou v. Whitaker, 11/30/18)
CHC Urges Leader Pelosi to Protect Dreamers and TPS Recipients Within First 100 Days of the 116th Congress
On 11/29/18, members of the Congressional Hispanic Caucus (CHC) urged Leader Pelosi (D-CA) to bring legislation that would provide a pathway to citizenship for Dreamers and individuals with Temporary Protected Status (TPS) to a vote within the first 100 days of the 116th Congress.
TRAC Report: Asylum Decisions and Denials Jump in 2018
TRAC found the FY2018 broke records for the number of decisions (42,224) by immigration judges granting or denying asylum. Denials grew faster than grants, pushing denial rates up as well.
BIA Holds Illinois Aggravated Sexual Abuse Not an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte upon finding aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16(d) not sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Dave, 11/29/18)
AILA Calls on Leader Nancy Pelosi to Protect Dreamers and TPS Recipients within First 100 Days of the 116th Congress
On 11/27/18, AILA sent a letter to Leader Nancy Pelosi (D-CA) on the need to pass legislation to protect Dreamers and recipients of TPS within the first 100 days of the 116th Congress. AILA also urged opposing funds to build a border wall, increase detention beds and additional CBP agents.
NY Reverses, Holds Noncitizen Defendants Charged with Crimes Carrying Penalty of Deportation Are Entitled to Sixth Amendment Jury Trial
In NYC, crimes with six-month or less prison term are “petty” and, thus, subject to expedited bench trials; the court held other penalties—even if technically civil but tied to crimes, like deportation—could render the crime “serious,” and entitled to jury trial. (People v. Suazo, 11/27/18)
DHHS Office of Inspector General Issues Report on Staffing Background Checks at Tornillo Influx Care Facility
The Department of Health and Human Services issued a memo stating that the Tornillo Influx Care Facility, which houses unaccompanied children, is not conducting required FBI fingerprint background checks for staff and does not employ sufficient staff clinicians to provide mental health care.
AILA Policy Brief: Expanded NTA Guidance Will Have Devastating Effects on Survivors of Domestic Abuse, Trafficking, and Other Serious Crimes
AILA issued this policy brief that describes the effects that the November 19, 2018, implementation of the June 2018 NTA memorandum will have on survivors of domestic abuse, trafficking, and other serious crimes.