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
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Unpublished BIA decision grants interlocutory appeal and orders change of venue from Atlanta to New York in light of location of respondent’s residence, witnesses, and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.
EOIR 30-Day Notice and Request for Comments on Proposed Changes to Form EOIR-28
EOIR 30-day notice and request for comments on proposed changes to Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. Comments are due 12/26/18. (83 FR 60499, 11/26/18)
CA3 Grants in Part and Denies in Part, Holds Child Pornography Conviction Per NJ Statute Is Not Aggravated Felony But Is Removable Ground of Child Abu
The court overruled BIA, holding NJ Stat. Ann. 2C:24-4(b)(5)(b) is broader than its agg felony federal counterpart, but agreed with BIA that it matches federal (BIA) definition of “child abuse”; thus, petitioner is removable, but can request cancellation. (Salmoran v. Att’y Gen., 11/26/18)
SSA Issues POMS Update on Deportation
The Social Security Administration announced changes to the Program Operations Manual System (POMS) related to deportation and coordinating with DHS.
AILA Submits Comments on Proposed Revisions to National Detention Standards
AILA submitted comments on a new draft of the National Detention Standards (NDS), including stating that ICE should include more enhancements and move aggressively to ensure adoption of the more stringent Performance Based Nation Detention Standards (PBNDS) 2011 to the greatest extent possible.
AILA and National Justice for Our Neighbors Submit Amicus Brief on Persecutor Bar
AILA and the National Justice for Our Neighbors resubmitted their amicus brief in Matter of Negusie, on the issue of the standards (including relevant burdens of proof) to determine if an asylum applicant is subject to the persecutor bar and the standards for qualifying for a duress defense.
BIA Vacates Denial of Continuance for Respondent With Prima Facie Approvable U Visa Application
Unpublished BIA decision holds that IJ erred in denying continuance to respondent with prima facie approvable U visa application without identifying any reason why application was unlikely to be approved. Special thanks to IRAC. (Matter of Gomez-Alvarado, 11/23/18)
CA11 Dismisses in Part Under §242, Upholds BIA’s Controlled Substance and Agg Fel Determinations That Were Not Appealed but Adjudicated Nonetheless
The court confirmed lack of jurisdiction to review BIA determination of removability ground; it also upheld not only BIA’s affirmance of IJ’s CIMT finding that was on appeal, but additional BIA controlled substance and agg fel findings not appealed by DHS. (Bula Lopez v. Att’y Gen., 11/21/18)
CA6 Upholds Denial of Cancellation for a “Habitual Drunkard”; Rejects Void for Vagueness Due Process and Equal Protection Challenges to the Term
The court held petitioner does not have liberty interest in discretionary cancellation, thus, does not reach void for vagueness argument; it also held “habitual drunkard” is rationally related to “good moral character” and does not violate equal protection. (Tomaszczuk v. Whitaker, 11/20/18)