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
Former Immigration Judge Jeffrey Chase on Matter of A-B- Being Misapplied by EOIR and DHS
In a July 13, 2018, blog post, former IJ Jeffrey Chase discusses the misapplication of Matter of A-B- by the BIA, USCIS, and ICE, a month after AG Jeff Sessions issued the decision.
CA7 Holds Denial of an Affirmative Asylum Request Is Not Final for Purposes of Judicial Review Under the APA
The court held that although its review was not jurisdictionally barred, it could not review an affirmative asylum denial on the merits because the denial was not administratively final since petitioner had TPS and was not yet in removal proceedings. (Dhakal v. Sessions, 7/13/18)
DOJ Final Rule Delegating Authority Concerning International Prisoner Transfer Program
DOJ final rule effective 7/13/18 delegating authority concerning the International Prisoner Transfer Program. Responsibility for international prison transfers is moving from the Office of Enforcement Operations to the Office of International Affairs. (83 FR 32579, 7/13/18)
Senator Feinstein Statement: Trump Administration Unilateral Rewrite of Asylum Law
On 7/12/18, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) released a statement in respond to the administration issuing a 7/11/18 policy memorandum that impacts U.S. asylum law.
DHS Instruction to Asylum Officers Violates U.S. and International Law
Late on July 11, 2018, USCIS and ICE issued guidance redefining core principles of America’s asylum laws which will have far-reaching implications for asylum seekers, refugees, and others.
AILA Quicktake #246: USCIS and ICE Memos on Asylum
Greg Chen, AILA's Director of Government Relations, discusses the implications of the two memos issued by USCIS and ICE regarding asylum and refugee claims.
BIA Reopens Sua Sponte Due to Publicity Surrounding Asylum Claim
Unpublished BIA decision reopens proceedings sua sponte in light of prominent nature of asylum claim in both the United States and Ghana. Special thanks to IRAC. (Matter of Ibrahim, 7/12/18)
BIA Holds Sexually Motivated Coercion in Nevada Not a Crime of Violence
Unpublished BIA decision holds that sexually motivated coercion under Nev. Rev. Stat. 207.190 is not a crime of violence under 18 USC §16(a) because physical force under Nevada law can include nonviolent de minimis force. Special thanks to IRAC. (Matter of Rodriguez-Figueroa, 7/12/18)
BIA Holds California Arson of Property Not a CIMT
Unpublished BIA decision holds that arson of property under Cal. Penal Code section 451(d) is not a CIMT because it is a general intent crime that does not require an intent to cause injury or damage. Special thanks to IRAC. (Matter of J-A-M-B-, 7/12/18)
USCIS Provides Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-
USCIS provided a policy memorandum with guidance to USCIS officers for determining whether a petitioner is eligible for asylum or refugee status in light of the Attorney General’s decision in Matter of A-B-.
New York City Bar Issues Recommendations Regarding ICE Enforcement in New York State Courthouses
The New York City Bar issued a report with recommendations on the increasing number of ICE civil arrests being conducted in and around New York State courthouses, stating that if continued, “this practice poses a threat to the New York State court system’s ability to ensure access to justice....”
EOIR Provides Media Talking Points and Media Inquiry Procedures and Sample Responses
On 7/11/18, in response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided records related to media talking points, new employee orientations, and handling media requests to observe immigration court hearings.
EOIR Releases Internal Guidance on Pereira v. Sessions
Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock.
AILA Provides Summary of Matter of A-B- Memo
AILA provides a summary of an ICE memo on Matter of A-B-.
DOJ Announces Trump Administration Completes Reunification of Eligible Children Under 5
DOJ announced that as of 7/12/18, initial reunifications have been completed. Announcement includes more details regarding HHS, DHS, and DOJ progress on reunification, stating that 57 children have been unified and 46 children have been determined to be ineligible for reunification.
DHS Issues Statement on Reunification of Families Under Court Order
DHS issued a statement regarding the four-step process used for reunifying families under the court order. Notice includes information on the children not eligible for reunification, those likely eligible for reunification, and what happens for children five years of age and older.
DHS Announces Visa Sanctions for Burma and Laos
DHS announced, in coordination with DOS, the implementation of visa sanctions on Burma and Laos due to lack of cooperation in accepting their citizens who have been ordered removed the United States. Notice includes list of specific sanctions and effective dates.
Practice Alert: AG Sessions Issues Matter of A-B-, Overruling Matter of A-R-C-G-
AILA’s Asylum and Refugee Committee provides a Practice Alert featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B-.
BIA Rescinds In Absentia Order Because Hearing Notice Was Sent to Bond Attorney
Unpublished BIA decision rescinds in absentia order because hearing notice was sent to attorney who only entered an appearance for bond proceedings. Special thanks to IRAC. (Matter of Avila-Hurron, 7/10/18)
BIA Holds Connecticut Fourth-Degree Larceny Not an Aggravated Felony
Unpublished BIA decision holds that fourth-degree larceny under Conn. Get. Stat. 53-124 is not an aggravated felony theft offense and statute is not divisible. Special thanks to IRAC. (Matter of Bastian-Mojica, 7/10/18)
Law Student Perspective: The Elimination of Immigration Programs by Presidential Edict
Law Student member Stefanie Schreck provides updates on several immigration programs.
AILA Quicktake #245: USCIS Guidance on Issuance of NTAs
Betsy Lawrence, AILA's Director of Government Relations, discusses the implications of the updated USCIS guidance on issuance of Notices to Appear (NTA).
New USCIS Policy Will Needlessly Push Thousands More Cases into the Deportation Machinery
In this statement, AILA highlights how the new guidance published by USCIS regarding Notices to Appear (NTAs) will needlessly push thousands more cases into the deportation machinery, further clogging the already backlogged immigration court system.
CA10 Grants Review, Remands to BIA to Consider Evidence of Changed Country Conditions
In a non-precedent decision, the court held that the BIA abused its discretion by disregarding evidence of increasing persecution against religious minorities in Bangladesh and dismissing increased violence against religious minorities in general civil unrest. (A.B. v. Sessions, 7/6/18)
Center for Gender & Refugee Studies Issues Practice Advisory on Matter of A-B-
The Center for Gender & Refugee Studies issued a practice advisory that analyzes the Attorney General’s decision in Matter of A-B- and raises considerations for practitioners representing clients with asylum cases potentially impacted by the decision.