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 That IJs Have Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Children Who Turned 18 Before Filing
The BIA held that an immigration judge, rather than USCIS, has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied child but turned 18 before filing the application. Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
BIA Finds 26 U.S.C §7212(a) Does Not Involve Fraud or Deceit
Unpublished BIA decision holds that obstructing the administration of internal revenue laws under “corrupt conduct” portion of 26 U.S.C. §7212(a) does not involve fraud or deceit because it does not require misrepresentation. Special thanks to IRAC. (Matter of Ahn, 10/16/18)
Practice Pointer: Matter of A-B- and Discretion
This resource examines how practitioners should approach the issue of discretion in asylum cases following the Attorney’s General decision in Matter of A-B- and USCIS’s policy memorandum on that decision.
EOIR Announces Opening of Conroe Immigration Court
EOIR announced the opening of an immigration court in the DHS/ICE contract detention facility in Conroe, Texas. While there will no longer be an immigration court at the Houston Service Processing Center at 5520 Greens Road, EOIR will continue to operate a hearing location there.
EOIR Provides Updated Procedure for Handling Complaints Concerning Immigration Adjudicators
EOIR released an updated summary of its procedure for handling complaints concerning immigration adjudicators, including requirements and intake for formal written complaints and the offices with jurisdiction over these matters, among other things.
AG Refers Case to Himself and Invites Amicus Relating to Authority to Hold Bond Hearings
The Attorney General referred a BIA decision to himself for review of issues relating to the authority to hold bond hearings for certain individuals screened for expedited removal proceedings. Amicus briefs are due by 11/9/18. Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
AG Withdraws Review of Decision and Remands to BIA After Respondent Was Removed
The Attorney General issued a decision, stating that he will not review the BIA determination as the respondent is no longer in the United States, and remanded the case to the BIA for any administrative action. Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)
BIA Finds Escalation of Threats Qualifies as Changed Circumstances
Unpublished BIA decision finds asylum applicant qualifies for changed circumstances exception based on escalating assaults on family members that also shed light on the assailants’ motives. Special thanks to IRAC. (Matter of E-R-Z-, 10/12/18)
BIA Rescinds In Absentia Order Against Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived 35 minutes late to hearing at new location, appeared at all hearings at prior location, and acted with diligence in seeking reopening. Special thanks to IRAC. (Matter of Martinez-Hernandez, 10/12/18)
Amnesty International Report – USA: ‘You Don’t Have Any Rights Here’
Amnesty International issued a report about the illegal pushbacks, arbitrary detention, and ill-treatment of asylum seekers in the United States that have resulted from immigration policies implemented by the Trump administration in 2017 and 2018.
CBP Office of Human Resources Management Releases Discipline Overview for FY2016–FY2017
The CBP Office of Human Resources Management released its Discipline Overview for FY2016–FY2017, with information on allegations of misconduct against CBP law enforcement personnel and actions taken in response to allegations, as well as information on arrests of CBP employees.
CBP Office of Professional Responsibility Releases Report on FY2016–FY2017
The CBP Office of Professional Responsibility (OPR) released a report for FY2016–FY2017 with an overview of the OPR, highlights of OPR activity, and information on employee misconduct and corruption statistics.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/18 and ending 12/31/18, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.08 per centum per annum. (83 FR 51567, 10/11/18)
Trump Administration Offers Agreement to Provide Separated Parents a Second Chance at Asylum
The Trump administration, as well as counsel from Ms. L v. ICE, M. M. M. v. ICE, and Dora v. Sessions, came up with an agreement that would allow parents who were separated from their children at the southwest border, a second chance to make asylum claims in the United States.
BIA Terminates Proceedings Sua Sponte Following Grant of U Visa
Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition in light of grant of U nonimmigrant status. Special thanks to IRAC. (Matter of Zheng, 10/11/18)
Practice Alert: Pereira v. Sessions and Matter of Bermudez-Cota
AILA provides a practice alert on the acceptability of Notices to Appear (NTAs) following the Supreme Court decision in Pereira v. Sessions and the Board of Immigration Appeals decision, Matter of Bermudez-Cota.
ICE Provides Information on Its Basic Immigration Enforcement Training Program
ICE provided information on its training program for deportation officers, stating that its 16 weeks long and includes background on removal proceedings and a 25-day Spanish language course. Graduation is mandatory before prospective deportation officers can enforce immigration laws.
S. 3567: No Internment Camps Act
On 10/10/18, Senator Jeff Merkley (D-OR) introduced the No Internment Camps Act (S. 3567) to prohibit the use of funds for the operation or construction of immigration detention facilities, and for other purposes.
BIA Holds Maryland Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Md. Code Ann., Crim. Law 7-104 is not a CIMT under Leyva-Martinez v. Sessions, 892 F.3d 655 (4th Cir. 2018). Special thanks to IRAC. (Matter of Salekh, 10/10/18)
GAO Issues Report on Agency Efforts to Reunify Children Separated from Parents at the Border
The GAO issued a report on the processes for tracking and reunifying separated families. This report discusses DHS/HHS efforts related to the AG’s April 2018 memo, systems for indicating children were separated from parents, and actions to reunify families in response to the June 2018 court order.
IJ Terminates Proceedings After Finding Conviction Under NYPL §261.01 Does Not Render Respondent Removable
IJ granted motion to terminate, finding respondent's conviction for possession of a weapon under NYPL §261.01 categorically overbroad, divisible, and finding the modified categorical approach insufficient to satisfy DHS's burden of proof. Courtesy of Michael Z. Goldman.
CBP Issues Updated Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released an updated statement on Canada’s marijuana legalization, stating that “A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S."
Bite-Sized Ethics: Advising Clients on DACA Given its Uncertain Future
An estimated 700,000 people have been granted DACA since the program’s start. With the current administration’s efforts at immigration enforcement, this article from AILA’s PPC discusses how immigration attorneys must be more aware than ever of their ethical duties in advising DACA clients.
TRAC Report: Profiling Who ICE Detains
TRAC reviewed case-by-case ICE records and released a report on who ICE is detaining, finding that 58% of individuals in ICE custody had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation.
BIA Holds Georgia Financial Transaction Card Theft Not an Aggravated Felony
Unpublished BIA decision holds that financial transaction card theft under Geo. Code Ann. 16-9-31(a)(1) is not an aggravated felony because it applies to fraudulent takings. Special thanks to IRAC. (Matter of Jasim, 10/9/18)