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
FOIA Response for USCIS Field Office Policy Guidance Related to Emergency Advance Parole
In response to AILA’s FOIA request, USCIS provides undated guidance for USCIS Field Offices pertaining to emergency advance parole. Please note, USCIS no longer approves advance parole requests relating to DACA cases.
CA8 Finds Asylum Petitioner Did Not Meet Burden to Show Membership in a Particular Social Group
The court denied the petition for review, finding that the Guatemalan petitioner challenging the IJ’s and the BIA’s denial of asylum did not meet his burden to show membership in a particular social group. (Mayorga-Rosa v. Sessions, 4/24/18)
AILA Report: Cogs in the Deportation Machine
AILA provides a report that surveys policy changes to immigration enforcement made by the Trump administration. Taken together, the reforms constitute a system-wide escalation of the federal government’s authority and capacity to apprehend, detain, and deport noncitizens.
EOIR Swears in an Immigration Judge
EOIR announced the investiture of a new immigration judge, Raphael Choi, to the Arlington Immigration Court. Notice includes biographical information on Judge Raphael Choi.
Policy Brief: Recommendations from Independent Study of Immigration Courts Contradict DOJ Policy Changes
AILA and the American Immigration Council issued a policy brief highlighting major findings of the year-long case study by Booz, Allen, Hamilton on the U.S. immigration court system. Document also includes policy changes made by the current administration that contradict those recommendations.
DOJ Ignores Set of Recommendations to Strengthen Immigration Court System Efficiency and Effectiveness
In response to a FOIA request, AILA and the American Immigration Council received a partially redacted report written by Booz Allen Hamilton and commissioned by EOIR which offers recommendations to ensure efficient proceedings and due process. The administration, however, has done the opposite.
FOIA Response Highlights Importance of Independent Judges, Court Reform
On 2/16/18, AILA and the American Immigration Council received a response to an EOIR FOIA request. The response includes EOIR’s labor agreement with the National Association of Immigration Judges (NAIJ), updated articles on performance appraisals, and an MOU on NAIJ written and verbal disclaimers.
DHS Releases Memo on Increasing Prosecutions of Immigration Violations
Government watchdog groups released a redacted memo that they argue indicates DHS Secretary Kirstjen Nielsen approved the Trump administration’s policy to prosecute all undocumented immigrants apprehended crossing the U.S.-Mexico border that would result in separating parents from their children.
Lawmakers on Capitol Hill Heard from AILA Loud and Clear, but there is More to Do!
AILA Associate Director of Government Relations Diane Rish reflects on AILA's National Day of Action and shares how AILA members and the public can continue making their voices heard on important immigration law and policy issues that matter to them.
BIA Finds § 646.9 of the California Penal Code Is Not “Crime of Stalking”
The BIA sustained the appeal and ruled that the offense of stalking in violation of §646.9 of the California Penal Code is not “a crime of stalking” under INA §237(a)(2)(E)(i). Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018)
BIA Holds that a Sentence of 12 Months in Texas Is Less Than One Year
Unpublished BIA decision holds that respondent was not convicted of an aggravated felony based on sentence to 12 months of confinement because Texas defines a month as 30 days when calculating terms of imprisonment. Special thanks to IRAC. (Matter of Castillo Munoz, 4/19/18)
BIA Holds Entry Using Fraudulent Documents Qualifies as an “Admission”
Unpublished BIA decision holds that fraudulently entering the country using another person’s documents qualifies as an “admission” requiring charges under INA 237 rather than INA 212. Special thanks to IRAC. (Matter of Popocatl-Jimenez, 4/19/18)
TRAC Finds Immigration Court Cases Now Involve More Long-Time Residents
TRAC found a sharp uptick in the proportion of cases involving immigrants who have been living in the U.S. for years. During March 2018, 43% of immigrants with new cases had arrived two or more years ago, compared December 2016, where only 6% had been here at least two years.
House Democrats Demand that the DOJ Reinstate the LOP and ICH Programs
On 4/19/18, 105 House Democrats wrote a letter to Attorney General Sessions regarding the termination of the Legal Orientation Program (LOP) and the Immigration Help Desk Program (ICH). They note that the DOJ has contradicted the express direction of Congress and undermined due process.
CA11 Upholds Denial of Asylum to Petitioner Who Supported Gay Rights in Cameroon
The court denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner did not experience past persecution and did not have a well-founded fear of future persecution. (Sama v. Attorney General, 4/19/18)
Featured Issue: FY2018 Appropriations
Resources on the House DHS funding bill for FY2018 that seeks to dramatically increase immigration enforcement and border security, including ways you can push back on this bill.
S. 2693: Immigration Court Improvement Act of 2018
On 4/18/18, Senator Mazie K. Hirono (D-HI), Kirsten Gillibrand (D-NY), and Kamala Harris (D-CA) introduced the Immigration Court Improvement Action of 2018 (S. 2693) to insulate immigration judges from improper political interference or manipulation.
GAO Issued Testimony for Senate Subcommittee on Immigration Courts
The GAO issued testimony for the Senate Judiciary subcommittee on Border Security and Immigration hearing on immigration courts with scenarios for restructuring EOIR’s immigration court system and how EOIR manages and oversees the immigration courts, including hiring and performance assessment.
Senate Democrats Demand that the DOJ Reinstate the LOP and ICH Programs
On 4/18/18, 22 Senate Democrats wrote a letter to Attorney General Sessions regarding the termination of the Legal Orientation Program (LOP) and the Immigration Help Desk Program (ICH). They note that the decision undermines due process protections for immigrants who cannot afford an attorney.
AILA Statement on Strengthening and Reforming America’s Immigration Court System Hearing
On 4/18/18, AILA submitted a statement to the Senate Judiciary Subcommittee on Border Security and Immigration urging that Congress create an independent immigration court system in the form of an Article I court and monitor EOIR practices to ensure individuals the right to a full and fair hearing.
Retired IJs and Former BIA Members Issues Statement on Strengthening and Reforming America’s Immigration Court System
On 4/18/18, 18 retired immigration judges (IJs) and former members of the BIA submitted a statement to the Senate Judiciary Subcommittee on Border Security and Immigration, stating that the immigration court system is in crisis and asking Congress to remove the immigration court system from the DOJ.
Immigration Law Professors Issue Statement on Strengthening and Reforming America’s Immigration Court System
On 4/18/18, 38 immigration law professors submitted a statement to the Senate Judiciary Subcommittee on Border Security and Immigration calling on Congress to create an independent immigration court and to defend the court against the DOJ’s attempts to erode due process.
BIA Rescinds In Absentia Order Based on Inability to Deliver to Address in NTA
Unpublished BIA decision rescinds in absentia order in light of affidavit from respondent and Form-797C stating that Postal Service could not deliver to address listed on NTA. Special thanks to IRAC. (Matter of Sidibe, 4/17/18)
Supreme Court Rules That Language Defining "Crime of Violence" Is Unconstitutionally Vague
The Supreme Court affirmed the Ninth Circuit’s judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a "crime of violence" is unconstitutionally vague. (Sessions v. Dimaya, 4/17/18)
Senate and House Judiciary Democrats Condemn DOJ for Undermining Due Process
On 4/17/18, all Democratic members of the Senate and House Judiciary Committees wrote a letter to the Attorney General expressing their opposition to DOJ’s recent termination of the Legal Orientation Program and the imposition of numeric case quotas for immigration judges.