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
ICE News Release on Increase in Worksite Enforcement Cases Compared to FY2017
ICE issued a news release stating that it has already doubled the number of ongoing worksite enforcement cases for FY2018, which began on 10/1/17, compared to the last fully completed fiscal year.
Resources on Case Relating to Definition of “Crime of Violence”
The Supreme Court granted certiorari in several cases, vacated the judgments in those cases, and remanded them to the circuit courts for further consideration in light of the Court’s 4/17/18 decision in Sessions v. Dimaya.
BIA Reopens Proceedings Sua Sponte in Light of Tenth Circuit Decision Involving Retroactivity of Matter of Briones
Unpublished BIA decision reopens proceedings sua sponte in light of Tenth Circuit decision holding that Matter of Briones, 24 I&N Dec. 355 (BIA 2007), doesn't retroactively apply to applicants who relied on contrary circuit law. Special thanks to IRAC. (Matter of Perea, 5/14/2018)
EOIR Releases Court Statistics and Announces Plan to Release Immigration Court Data on Recurring Basis
EOIR released immigration court statistics through the first two quarters of FY2018 with highlights from the data. EOIR also announced that the release of certain immigration court statistics will occur on a recurring basis as an effort to increase transparency of the immigration court system.
11 Ways Employers Can Support DACA Employees, Interns, and Contractors
FWD.us provides a handout with 11 concrete ways employers can support their DACA recipient employees, interns, and contractors in a time of uncertainty.
CA2 Holds New York First-Degree Bail Jumping to Be an Aggravated Felony
The court held that the petitioner’s conviction for bail jumping in the first degree under New York Penal Law §215.57 was an aggravated felony under INA §101(a)(43)(T). (Perez Henriquez v. Sessions, 5/8/18)
LGBTI DACA Recipients and Options for Relief under Asylum Law
As the future of DACA recipients remains uncertain, practitioners who work with DACA recipients should explore permanent relief options for this vulnerable population. This advisory from CLINIC discusses LGBTI claims for asylum, withholding or removal and protection under the CAT.
CA9 Holds Petitioner’s Complaints of Poor Memory Insufficient to Show Mental Incompetency
The court held that the petitioner’s complaints of poor memory, without evidence of an inability to understand the nature and object of the proceedings, were insufficient to show mental incompetency. (Salgado v. Sessions, 5/8/18)
CA9 Holds INA §241(a)(5) Does Not Deprive Immigration Court of Jurisdiction to Resolve a Motion to Reopen Based on Lack of Notice
The court held that the BIA erred by holding that INA §241(a)(5) deprived the immigration court of jurisdiction to resolve the petitioner’s motion to reopen removal proceedings based on lack of notice of the removal order entered against her. (Miller v. Sessions, 5/8/18)
CA5 Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group
The court held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group. (Cabrera v. Sessions, 5/7/18)
Attorney General Sessions States 100% of Illegal Southwest Border Crossings Will Be Prosecuted
Attorney General Jeff Sessions delivered remarks in San Diego, stating that DHS is referring 100 percent of illegal southwest border crossings to the DOJ for prosecution.
Texas District Court Issues Notable Order in Case of Detained Somali National
The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18)
BIA Vacates Finding that LPR Status Was Abandoned
Unpublished BIA decision vacates finding that pro se respondent abandoned his LPR status because he did not understand the significance of his admissions when he conceded the charge. Special thanks to IRAC. (Matter of Wol Wol, 5/7/18)
Former Chairman of the BIA Paul W. Schmidt’s Speech to ABA Commission on Immigration
In a blog post from May 4, 2018, former BIA Chairman and retired immigration judge Paul W. Schmidt shares the speech he delivered during the ABA Commission on Immigration’s panel discussion, Evaluating the Immigration Court System: Balancing Efficiency and Due Process.
Avoiding Disciplinary Action for Requesting Multiple Continuances in Immigration Court
Learn more about how you can avoid disciplinary complaints related to requesting multiple continuances in this ethics article. The author discusses the importance of putting your client first and showing your work, surveying your caseload, and keeping ethical rules in mind.
CA7 Finds Petitioner Did Not Submit Sufficient Evidence of Changed Country Conditions in Indonesia
The court denied the petition for review, finding that the petitioner did not submit sufficient evidence to show changed country conditions in Indonesia in order to qualify for an exception to the 90-day limit for filing a motion to reopen removal proceedings. (Yahya v. Sessions, 5/3/18)
BIA Holds Utah Lewdness Offense Not Sexual Abuse of a Minor
Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor because it does not require an intent to arouse or gratify the sexual desire of any person. Special thanks to IRAC. (Matter of Nieves, 5/3/18)
CA7 Holds BIA Erred By Failing to Adequately Consider Petitioner’s Near-Escapes from MS-13 in Deferral of Removal Case
The court held that in dismissing the petitioner’s appeal from the IJ’s decision denying his application for deferral of removal under the Convention Against Torture, the BIA erred by failing to make an adequate inquiry into his near-escapes from the MS-13 gang. (Perez v. Sessions, 5/2/18)
CA9 Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable
The court held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable. (Campos-Hernandez v. Sessions, 5/2/18)
NAIJ Letter to AG Sessions on Misunderstandings about IJ Quotas
NAIJ letter to AG Sessions after his 4/26/18 testimony before the House Appropriations Committee. Letter explains that NAIJ did not agree to the imposition of performance metrics and explains that under the current system, an immigration judge could be fired for failure to meet the quota.
DOJ Announces Additional Prosecutors and Immigration Judges For Southwest Border Crisis
DOJ announced additional prosecutors to handle prosecutions of improper entry, illegal reentry, and smuggling cases, and additional IJs to handle the adjudication of immigration court cases. Thirty-five new Assistant United States Attorney positions have been allocated along the Southwest border.
CA4 Holds Individuals Subject to Reinstatement of Removal May Not Apply for Asylum, Even If Changed Circumstances Exist
The court denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal. (Lara-Aguilar v. Sessions, 5/2/18)
BIA Rescinds In Absentia Order Based on Attorney’s Admission of Error
Unpublished BIA decision rescinds in absentia order based on ineffective assistance where attorney conceded that he mistakenly advised respondent not to appear and submitted bar complaint against himself. Special thanks to IRAC. (Matter of Cortez Avalos, 5/2/18)
Revving Up the Deportation Machinery: Enforcement under Trump and the Pushback
The Migration Policy Institute released a study finding that arrests and deportations are up but that the intersection of federal immigration enforcement with state and local criminal justice systems is being throttled by state and local policies that limit cooperation with ICE.
AILA Submits Amicus Brief on Availability of Continuances Sufficient to Pursue Relief
AILA submitted an amicus brief summarizing the circumstances that exist for an Immigration Judge to grant a continuance for a collateral matter to be adjudicated.