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
Detaining Families: A Study of Asylum Adjudication in Family Detention
The American Immigration Council released a report that draws on thousands of government records over a 15-year period and highlights the multiple barriers to justice families seeking asylum face while in detention, as well as the important role the courts have played in protecting due process.
ABA Issues Updated Report on UACs in the United States
The American Bar Association (ABA) issued an updated report on the standards for the custody, placement and care; legal representation; and adjudication of unaccompanied alien children in the United States.
USCIS Provides Data on Active DACA Recipients as of July 31, 2018
USCIS provided data on active DACA recipients as of July 31, 2018, by country of birth, by state or territory of residence, by core based statistical area, by gender, by age, and by marital status.
USCIS Provides Approximate Number of Active DACA Recipients as of July 31, 2018
USCIS provided data on the approximate number of active DACA recipients, broken by month and year of their current DACA expiration date, as of July 31, 2018.
USCIS Provides Data on Pending DACA Applications as of July 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of July 31, 2018.
CA7 Holds It Has Jurisdiction to Conclude BIA Determination Was Ultra Vires
The court held BIA erred by overturning IJ’s termination of proceedings and entering its own removal order in the first instance. Because BIA’s order was ultra vires and not final, the court has no jurisdiction to review underlying issues of removability. (Mejia Galindo v. Sessions, 7/31/18)
CA7 Upholds BIA Denial of Untimely and Number-Barred MTRs, Agrees Lozada Requirements Not Met
The court concluded BIA did not abuse discretion in holding that petitioner failed to prove ineffective assistance of counsel of any of his three prior attorneys; thus, his motions did not meet the “exceptional circumstance” standard to merit equitable tolling. (Sembhi v. Sessions, 7/31/18)
CA8 Affirms IJ/BIA Applied Correct Legal Standard to Protected Ground Analysis for Asylum Denial
The court held that IJ/BIA correctly considered whether applicant’s social group (son of police officer) or political opinion was “one central reason” for harm, despite adverse conclusion that they were merely incidental to gang recruitment efforts. (Gomez-Rivera v. Sessions, 7/31/18)
CRS Provides Legal Sidebar on Family Separation at the Border and the Ms. L. Litigation
The Congressional Research Service (CRS) reports on family separation at the border, various proposals from the administration and lawmakers to maintain family unity, and developments in the Ms. L; et al. litigation.
Written Statement from ICE Associate Director on Immigration Enforcement and Family Reunification
Written statement from Matthew T. Albence, executive associate director of the ERO division of ICE, for the Senate Judiciary Committee hearing, Oversight of Immigration Enforcement and Family Reunification.”
BIA Remands to IJ to Consider Continuance Request by Respondent with Pending U Visa Petition
Unpublished BIA decision vacates denial of continuance where IJ did not make preliminary determination whether respondent was prima facie eligible for U visa. Special thanks to IRAC. (Matter of Gomez-Alfaro, 7/31/18)
EOIR to Open Immigration Court in Jena, LA
EOIR announced that it will open an immigration court at the LaSalle ICE Processing Center in Jena, LA, on July 30, 2018. Notice includes contact information and hours of operation.
Retired IJs and Former Members of the BIA Statement in Response to Latest Attack on Judicial Independence
On 7/30/18, retired IJs and former members of the BIA issued a statement in response to EOIR’s actions on July 26, 2018. EOIR had removed a sitting IJ from the case of Castro-Tum and replaced the IJ with an ACIJ without explanation. The ACIJ ordered Mr. Castro-Tum removed in absentia.
Senators Request Hearing on Criteria for Deeming Separated Families “Ineligible for Reunification”
On 7/30/18, Senators Patty Murray (D-WA), Dianne Feinstein (D-CA), and Ron Wyden (D-OR) sent HHS a letter to express concern regarding the procedures and standards HHS is employing to make reunification eligibility decisions and request a briefing focused on this concern.
CA9 Remands for Application of Presumption of Future Persecution on Account of Religion
The court held IJ/BIA erred in concluding harm was one incident that did not rise to past persecution; rather, government condition of release preventing petitioner from practicing his religion was ongoing harm that compelled a finding of past persecution. (Guo v. Sessions, 7/30/18)
BIA Holds Criminal Judgment Entered In Absentia Not a Conviction for Immigration Purposes
Unpublished BIA decision holds that an administratively entered judgment of guilt due to the respondent’s failure to appear in court does not qualify as a conviction for immigration purposes. Special thanks to IRAC. (Matter of Davies, 7/30/18)
BIA Rescinds In Absentia Order Against Respondent Who Presented Herself to ICE
Unpublished BIA decision rescinds in absentia order where respondent willingly presented herself to ICE before and after being ordered removed and exercised due diligence in retaining counsel and seeking to reopen proceedings. Special thanks to IRAC. (Matter of Esteban-Manuel, 7/30/18)
CA6 Remands, Holds BIA Erred on Multiple Counts in Overturning IJ’s Grants of Asylum and §237(a)(1)(H) Waiver
The court held that the BIA’s asylum denial went against its own precedent and was an abuse of discretion because it unreasonably weighed one negative factor of visa misrepresentation against the IJ’s finding of many positive factors. (Hussam F. v. Sessions, 7/27/18)
AILA Philadelphia Attorneys Condemn Administration's Assault on Immigrants and Due Process
The AILA Philadelphia Chapter issued a statement condemning EOIR’s removal of a sitting immigration judge (IJ) from the case of Castro-Tum, replacing the IJ with an Assistant Chief Immigration Judge (ACIJ) without explanation. The ACIJ ordered Mr. Castro-Tum removed in absentia.
Immigrant Connection Project To Help Reconnect Parents and Children
The Immigrant Connection Project, a partnership between the Vera Institute of Justice and New America, is a resource for parents who have been separated from their children—as well as for the attorneys for these parents.
H.R. 6594: REUNITE Act
On 7/26/18, Representatives Adriano Espaillat (D-NY), Luis Gutiérrez (D-IL), Suzanne Bonamici (D-OR), and Pramila Jayapal (D-WA) introduced the Reunite Every Unaccompanied Newborn Infant Toddler and Other Children Expeditiously (REUNITE) Act to reunite families separated at or near ports of entry.
EOIR Notice of Request for Comments on Proposed Revisions to Form EOIR-28
EOIR notice of request for comments on proposed revisions to Form EOIR-28, Notice of Entry of Appearance at Attorney or Representative Before the Immigration Court. Comments are due by 9/24/18. (83 FR 35498, 7/26/18)
Attorney General Jeff Sessions Delivers Remarks Announcing Arrests from Operation “Double Trouble”
Attorney General Jeff Sessions delivered remarks on Operation “Double Trouble,” allegedly focused on crimes committed predominately by undocumented immigrants in Massachusetts, including Medicaid billing fraud. 28 people were charged, with 22 individuals in the country illegally.
After Matter of A-B- and USCIS Guidance, Don’t Forget to Argue for CAT Protection
AILA’s Asylum and Refugee Committee provides this practice pointer 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- along with USCIS’s implementing guidance.
AILA: U.S. Must Reunify Families, Stay Their Removal, and Provide for the Return of 400+ Parents Deported Without Their Children
AILA calls for an immediate stay of the removal and release from custody of all of the victims of this family separation strategy so the families are afforded the chance to be represented by an attorney and to file claims for relief if they are eligible.