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
BIA Rescinds In Absentia Order Due to Conflicting Addresses
Unpublished BIA decision rescinds in absentia order based on lack of notice because address on hearing notice conflicted with address provided by ICE on Form I-830 when respondent was released from custody. Special thanks to IRAC. (Matter of Mejia-Guales, 4/25/18)
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.
Opening Statement of Attorney General Jeff Sessions Before the Senate Appropriations Subcommittee Hearing on April 25, 2018
The written remarks of the Attorney General Jeff Sessions for a 4/25/18 hearing before the Senate Appropriations subcommittee where he states that, out of deference to the Committee, he has ordered that there be no pause to the Legal Orientation Program while a review is being conducted.
TRAC Reports on Deportations Under ICE’s Secure Communities Program
TRAC released a report that examines how the level of Secure Communities deportations has changed under the Trump administration and what types of crimes are now being targeted through this program. Traffic violations have the highest growth rate for Secure Communities removals.
DOJ Reverses Course on Legal Orientation Program, For Now
AILA and the American Immigration Council welcomed the news that the Department of Justice will not halt the Legal Orientation Program (LOP) for now; AILA and the Council again highlighted the LOP’s benefits to the efficiency and effectiveness of the immigration court system.
Governor Andrew Cuomo Sends Letter to ICE Regarding Enforcement Actions in New York
Andrew M. Cuomo, Governor of New York, sent a letter to ICE regarding enforcement actions within New York that “raise significant legal and public safety concerns” and includes details regarding the arrest of a dairy farmer in Rome, NY and requests that ICE stops this pattern of conduct immediately.
AILA SF/FLORIDA BAR OCC Liaison Meeting (4/25/18)
Minutes from the South Florida Chapter’s meeting with the Office of Chief Counsel on April 25, 2018.
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.
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.
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.
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.
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.
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.
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.