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
NIJC States AG Sessions Hijacks U.S. Justice System To Hurt Immigrants
The National Immigrant Justice Center (NIJC) released a statement on the announcement of immigration judge quotas being implemented by DOJ, explaining that the new requirement for immigration judges to complete 700 cases per year is both unrealistic and dangerous.
Letter to ICE Regarding Impact of Detention on Pregnant Women and Adolescents
The Mount Sinai Program in Human Rights in New York City sent a letter to ICE stating that the psychological factors of detaining pregnant women and adolescents can add to the obstetric risks, stating that there is emerging research on the effect of maternal stress on unborn children.
John Oliver on Immigration Courts
HBO’s “Last Week Tonight with John Oliver” aired a comedic yet powerful segment on injustices in U.S. immigration courts. Several AILA members were consulted about the piece and helped shape it.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (April 2018)
Summary of recent case law out of the Eleventh Circuit, courtesy of the AILA Georgia-Alabama, Central Florida, and South Florida Chapters. The information was compiled in April 2018 and should be used as a starting point in research.
GAO Issued Report on Opportunities to Improve Cost Estimates in Immigration Detention
The GAO issued a report examining how ICE formulates its budget request for detention resources, how ICE develops bed rates and determines ADP for use in its budget process, and to what extent ICE’s methods for estimating detention costs follow best practices.
USCIS Provides Data on Active DACA Recipients as of March 31, 2018
USCIS provided data on active DACA recipients as of March 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 Data on Pending DACA Applications as of March 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 March 31, 2018.
USCIS Provides Approximate Number of Active DACA Recipients as of March 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 March 31, 2018.
EOIR Released FY2018 Statistics on UAC Cases Pending More than Three Years
EOIR released statistics on current unaccompanied children cases that have been pending more than three years from FY2008 through FY2018. As of 3/31/18, the median non-detained days pending was 8,378. This includes UACs that were never detained and those released from detention.
CA11 Finds Florida Conviction for Sale of Cocaine to Be an “Illicit Trafficking” Aggravated Felony
The court held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B). (Choizilme v. Attorney General, 3/30/18)
EOIR Issues Guidance Implementing Immigration Judge Performance Metrics
EOIR issued guidance outlining performance metrics for immigration judges (IJs), to be implemented on 10/1/18. Metrics will be added to the IJ Performance Work Plan and in addition to other requirements, IJs will need to complete 700 cases per year, to earn a satisfactory rating.
Attorney General Issues Updates in Matter of A-B-
The Attorney General denied DHS’s request that he suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for an extension of the deadline for submitting briefs in this case. Matter of A-B-, 27 I&N Dec. 247 (A.G. 2018)
Class Action Suit in California Challenges Prolonged Detention Under INA §241(a)(6) Without Bond Hearings
Plaintiffs filed a class action suit in federal district court on behalf of all individuals in the Ninth Circuit detained pursuant to INA §241(a)(6) for at least six months without a bond hearing. (Aleman Gonzalez v. Sessions, 3/27/18)
Letter from Medical Professionals to ICE Against Inhumane Detention Policies for Pregnant Women
The American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, and the American Academy of Family Physicians sent a letter to ICE expressing serious concerns about the change in policy of presumptive release of pregnant women from immigration detention facilities.
TRAC Report Outlines Where Immigrants Are Being Detained
TRAC released a report, outlining where immigrants with immigration court cases are being detained. Nearly two thirds of the immigrants who have been detained during immigration court proceedings were housed in just twenty-five counties, with ten counties in Texas and California at the top.
ICE Formalizes Inhumane Detention Policies for Pregnant Women
In a joint statement with the American Immigration Council, AILA responds to a recently released ICE directive that formalizes the agency’s practice of detaining pregnant women.
ICE Provides FAQs on Identification and Monitoring of Pregnant Detainees
ICE released FAQs on its policy change regarding detaining pregnant individuals, stating that it has ended the presumption of release for all pregnant detainees. FAQs discuss the previous policy, if detaining pregnant women is a human rights abuse, and pregnant women claiming asylum.
CA1 Denies Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners
The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18)
CA1 Denies Petition for Review Challenging BIA’s Denial of Motion to Reopen
The court found that the BIA did not abuse its discretion when it dismissed the petitioner’s motion to reopen as untimely. The court also dismissed for lack of jurisdiction his challenge to the BIA’s decision not to exercise its sua sponte authority to reopen. (Reyes v. Sessions, 3/29/18)
CA2 Finds Petitioner Removable Where CSA Drug Schedules Were Broader at Time of Conviction Than at Time of Removal
The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18)
BIA Holds That Failure to Voluntarily Depart Does Not Trigger Fugitive Disentitlement Doctrine
Unpublished BIA decision reverses IJ’s finding that respondent’s failure to leave under a grant of voluntary departure triggered the fugitive disentitlement doctrine, noting that he had been complying with an order of supervision. Special thanks to IRAC. (Matter of Ba, 3/29/18)
ICE Fact Sheet: Policies and Procedures Involving Detained Parents and Legal Guardians
ICE released a fact sheet with its current policy and procedures addressing considerations when detaining and removing parents and legal guardians of minor children.
EOIR Extension of Comment Request Period on Proposed Revisions to Form EOIR-26A
EOIR 30-day extension of a comment period on proposed revisions to Form EOIR-26A, Fee Waiver Request. Comments are now due 4/26/18. (83 FR 13146, 3/27/18)
CA4 Holds That “Egregious Violation” Exclusionary Rule Applies to State and Local Officers
The court held that the “egregious violation” exclusionary rule applies in civil deportation proceedings to state and local officers, and that the petitioner did not prove an egregious violation by state law enforcement of his Fourth Amendment rights. (Sanchez v. Sessions, 3/27/18)
Board of Immigration Appeals Practice Manual (3/23/18)
The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on March 23, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA.