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
Video: AILA Calls for Immigration Court Reform
In this video, AILA Executive Director Benjamin Johnson explains the need to establish an independent immigration court system.
CA3 Vacates Withholding and CAT Denials, Remands for Evidence Corroboration Determination
The court held that by applying Matter of L–A–C– to find petitioner failed to corroborate credible testimony for CAT and withholding, IJ erred in not following CA3 requirements of notice and opportunity for expected corroborating evidence. (Saravia v. Att’y Gen., 10/1/18)
AILA Members Express Concern Over Efforts to Undermine Judicial Independence
Over 1,000 AILA members signed a letter expressing concern over recent administrative actions that undermine the independence and authority of immigration judges and calling for an independent, Article I immigration court system. The letter was submitted to AG Sessions and Congress on 10/1/18.
The Need for an Independent Immigration Court Grows More Urgent As DOJ Imposes Quotas on Immigration Judges
As DOJ begins implementing case completion quotas, requiring immigration judges to finish 700 cases per year or face disciplinary action, AILA voices its opposition to these quotas and renews its call for the creation of an independent Article I immigration court.
Retired IJs and Former Members of the BIA Issue Statement Against IJ Performance Quotas
On October 1, 2018, retired immigration judges (IJs) and former members of the BIA issued a statement decrying the implementation of performance quotas on immigration judges.
ACLU Wins Preliminary Injunction on Behalf of Noncitizen Minors Arrested Without Hearings
A district court issued a preliminary injunction ordering the government to provide noncitizen minors previously released to a sponsor who were rearrested based on allegations of gang affiliation with a hearing before an immigration judge by 11/29/17. (Saravia v. Sessions, 11/20/17)
Justice Cannot Be Carried Out on an Assembly Line
AILA Executive Director Ben Johnson issues a call to action, sharing comments from NAIJ president Ashley Tabaddor and advocating for an independent immigration court system, free from political pressure by any administration.
Resources on Class Action Lawsuit Against Private Prison Contractor
Nine federal immigrant detainees filed a class action complaint (Menocal, et al. v. The Geo Group, Inc.) in the U.S. District Court for the District of Colorado against private prison contractor, The GEO Group, alleging violations for unpaid wages and forced labor.
USCIS Statistics on Asylum Filings for Minors for FY2018
USCIS statistics for FY2018 (October 2017–September 2018) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filing with USCIS under the initial jurisdiction provision of the TVPRA.
EOIR Released Rates of Asylum Filings in Cases Originating with a Credible Fear Claim for FY2008–FY2018
EOIR released rates of asylum filings in cases originating with a credible fear claim, broken down by those referred following a credible fear claim and those referred following a credible fear claim and filed asylum application, for FY2008–FY2018.
EOIR Released Asylum Decision Rates by Nationality for FY2018
EOIR released asylum rates broken down by nationality for FY2018, including information on asylum grants, denials, administrative closure, and more.
EOIR Released Statistics on Motions to Reopen for FY2008–FY2018
EOIR released statistics on the number of motions to reopen (MTRs) filed at immigration courts and at the BIA from FY2008 through FY2018.
EOIR Releases Representation Rates for FY2018
EOIR released statistics on representation rates for FY2018 (10/1/17–9/30/18), including rates for all cases, all UAC cases, UAC cases pending more than one year, pending asylum cases, and completed asylum cases.
EOIR Releases Data on Complaints Against Immigration Judges (FY2018)
EOIR released information on complaints against immigration judges, including complaints from FY2013-FY2018, number and percentage of IJs against whom complaints were received, the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed.
EOIR Releases Statistics on Decision Outcomes for FY2018
EOIR released statistics on outcomes of initial case decisions for FY2018 (10/1/17–9/30/18). Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
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.
EOIR Released Median Pending Times for Detained Cases
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.
EOIR Released Percentage of DHS-Detained Cases Completed Within Six Months for FY2018
EOIR released the median pending times for detained cases (broken down by review cases and non-review cases) for FY2008 through FY2018.
EOIR Released Statistics on Asylum Applicant In Absentia Removal Orders
EOIR released statistics on orders issued in absentia in removal, deportation, and exclusion cases in which the individual filed an asylum application for FY2008 through FY2018.
EOIR Released Statistics on UAC In Absentia Removal Orders
EOIR released statistics on in absentia removal orders in cases involving unaccompanied children for FY2008 through FY2018.
EOIR Released Median Pending Time and Median Completion Time for UAC Cases
EOIR released the median pending time and median completion time for unaccompanied children cases for FY2018.
EOIR Released Statistics on Current UAC Cases Pending More Than Three Years
EOIR released statistics on unaccompanied children cases pending more than three years for FY2018.
EOIR Releases Median Completion Times for Detained Cases
EOIR released the median completion time for detained cases for FY2008 through FY2018, broken down by non-review cases (removal, deportation, exclusion, asylum-only, and withholding-only cases) and review cases (credible fear review, reasonable fear review, and claimed status review).
EOIR Released Statistics on Asylum Grant Rates by Court for FY2018
EOIR has released statistics on asylum grant rates by court for FY2018.
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.