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
USCIS Performance Data on DACA Applications Through September 2018
USCIS provides statistics on I-821D DACA applications, broken down by intake, case status, and whether the application was an initial or renewal application for FY2012 through FY2018. The FY2018 data is broken down by quarter.
DHS OIG: Results of Unannounced Inspections of Conditions for Unaccompanied Children in CBP Custody
DHS OIG issued a report based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry. DHS OIG found that children were held longer than the 72 hours generally permitted by law.
EOIR Announces Investiture of 46 Immigration Judges
EOIR announced the investiture of 46 immigration judges, including two assistant child immigration judges. In 2017, Attorney General Sessions announced a “streamlined hiring plan”, resulting in a reduction of 74 percent in the time it takes to onboard immigration judges since then.
BIA Dismisses Appeal of Bond Decision Absent Evidence to Support Respondent’s Position
Unpublished BIA decision dismisses respondent’s appeal of IJ’s bond decision, finding respondent did not present arguments or evidence to support his position that the bond amount was set too high. (Matter of M-S-, 9/28/18)
DHS OIG: Initial Observations Regarding Family Separation Issues Under the Zero Tolerance Policy
DHS OIG issued a report with its observations in the field and its analysis of family separation data based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry.
DHS OIG Report on Issues Requiring Action at the Adelanto ICE Processing Center
DHS OIG issued a report after an unannounced visit to the Adelanto ICE Processing Center and identified serious violations including improper and overly restrictive segregation and untimely and inadequate detainee medical care.
Democratic Senators Demand DHS and HHS to Rescind the Proposed Rule on Flores Settlement Agreement
On 9/26/18, twenty-nine Democratic senators urged DHS and HHS to rescind their 9/7/18 proposed regulation that would allow the indefinite detention of children in ICE facilities and avoid complying with the government’s legal obligations under the 1997 Flores Settlement.
Congress Urges DHS Inspector General to Investigate Allegations of Coercion and Abuse Against Separated Immigrant Parents
On 9/26/18, members of the House and Senate sent a letter to the Department of Homeland Security’s Acting Inspector General, urging for an investigation of allegations of coercion and abuse by DHS officers against immigrant parents separated from their children at the border.
CA3 Holds Noncitizen with Reinstated Removal Order Pursuing Withholding-Only Is Subject to Detention Under §241(a), Which CA3 Finds Has Implicit Bond
The court, following CA9, found petitioner was detained pursuant to §241(a) because his reinstated order of removal was administratively final despite his open withholding-only request. (Guerrero-Sanchez v. Osterlind, 9/26/18)
BIA Holds Respondent Not Subject to Mandatory Detention for Marijuana Conviction
Unpublished BIA decision holds that respondent was not subject to mandatory detention based on marijuana conviction that would qualify for personal use exception because he was charged under section 237. Special thanks to IRAC. (Matter of Parra, 9/26/18)
CA11 Splits with CA9, Holds Cancellation Stop-Time Rule Applicable to LPR Not Seeking Admission for Purposes of §212(a)(2) Inadmissibility
The court held that the plain language of §240A does not mandate that LPR actively seek admission to be “rendered…inadmissible”; rather, conviction caused LPR to assume latent status of being inadmissible, thus tolling continuous residence. (Barton v. Att’y Gen., 9/25/18)
AILA and the Council File Amicus Brief on Bond Eligibility in Withholding-Only Proceedings
AILA and the American Immigration Council filed an amicus brief with the Fourth Circuit Court of Appeals in Guzman Chavez v. Hott. The brief argues that respondents in withholding-only proceedings are governed by INA §236(a), and thus eligible for a bond hearing.
CA9 Denies in Part, Upholds BIA Finding of Controlled Substance Removability Under MCA; Grants in Part, Remands for Consideration of Cancellation
The court held Travel Act divisible with respect to “unlawful activity”—deemed an element (not a means) and matched federal drug statute; remanded for cancellation eligibility—NTA unclear and BIA denial of seven years’ presence not backed by substantial evidence. (Myers v. Sessions, 9/25/18)
TRAC Issues Report on Over Two Million ICE Arrests
TRAC issued a report with the latest available data on over two million ICE arrests from October 2008 through June 2018. Since 2016, 25% of ICE apprehensions were individuals arrested at their home, place of work, or elsewhere in the wider community and the remaining 75% were "custodial" arrests.
CA9 Upholds BIA Controlled Substance Removability Finding and Remands to Determine Continuous Presence for Cancellation Claim
The court found that the BIA correctly determined that the Travel Act is divisible and that petitioner was removable based on his conviction for a controlled substance offense and remanded for consideration of the claim for cancellation of removal. (Myers v. Sessions, 9/25/18)
AILA Insight: Forget Me Not: EOIR’s Registration Requirement for U.S.-Originating Photo ID
AILA member Nathan Chan discusses the negative impact of EOIR’s registration requirement on certain U.S. licensed attorneys.
CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border
CBP released a statement on Canada’s legalization of marijuana, stating that “working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.” Note: On 10/9/18 CBP issued an updated statement.
TRAC Finds Lawsuits Challenging Confinement of Noncitizens Increasing
TRAC found that habeas corpus filings in federal courts challenging the confinement of noncitizens continue to rise. The latest available data show that during August 2018 the government reported 174 new habeas corpus civil filings by noncitizens. This is up 27.9 percent over the previous month.
AILA Quicktake #251: Attorney General's Decision in Matter of S-O-G- & F-D-B-
AILA's Associate Director of Government Relations Kate Voigt discusses the Attorney General's decision in Matter of S-O-G- & F-D-B-, which limits the ability of immigration judges to terminate cases. Join fellow AILA members in signing a petition calling for independent immigration courts.
Attorney General’s Concerted Effort to Strip Immigration Judges of Judicial Independence Continues
In response to the AG's decision in Matter of S-O-G- & F-D-B-, which will prevent judges from terminating a case except in exceptionally narrow circumstances and waste the court's time and resources, AILA again called on Congress to create an independent Article I immigration court.
CRS Publishes Report on the Legal Framework of Expedited Removal of Noncitizens
The Congressional Research Service (CRS) published a report on the expedited removal of noncitizens and its legal framework.
CA9 Remands, Holds Prima Facie Case Made to Exclude Evidence and Terminate Removal Proceedings Due to Egregious Violation of 8 CFR 287.8(b)(2)
The court found I-213 excludable because Coast Guard racially profiled and detained petitioner with no reasonable suspicion; confirmed prima facie case for termination without prejudice because violation predated any hearing, rendering new hearing insufficient. (Sanchez v. Sessions, 9/19/18)
CA9 Orders En Banc Rehearing of C.J.L.G. v. Sessions
The court ordered that C.J.L.G. v. Sessions, in which the three-judge panel found no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, be reheard en banc. (C.J.L.G. v. Sessions, 9/19/18)
BIA Finds Returning LPR Was Not Seeking Admission Based on Pre-IIRIRA Conviction
Unpublished BIA decision holds that returning LPR was improperly regarded as applicant for admission based on pre-IIRIRA conviction and remands to consider whether trip abroad was innocent, casual, and brief. Special thanks to IRAC. (Matter of Suero, 9/19/18)
CA6 Holds Petitioner Failed to Prove Lozada Claims and Rejects Argument that Ineffective Assistance Implicates Due Process
The court held it had no jurisdiction to review sham marriage determination; BIA was correct that Lozada challenge failed; and refused to link ineffective assistance to 5th Amendment due process violation. (Al-Saka v. Sessions, 9/18/18)