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
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Unpublished BIA decision rescinds in absentia order in light of affidavit from respondent and Form-797C stating that Postal Service could not deliver to address listed on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.
House Democrats Demand DOJ Respond to Allegations of Politicization in the EOIR Hiring Process
On 4/17/18, four House Democrats wrote a letter to Attorney General Sessions regarding allegations that the DOJ may be violating federal law by blocking the hiring of much needed immigration judges based on ideological and political considerations.
Detainees in Stewart Detention Center File Suit Challenging Forced Labor Practices
Plaintiffs filed a class action suit against private prison company CoreCivic challenging its practice of depriving detained immigrants of basic necessities so they are forced to work at well below minimum wage to purchase items at the prison commissary. (Barrientos v. CoreCivic, 4/17/18)
BIA Finds Minnesota Threats Statute Not a CIMT
Unpublished BIA decision holds that making threats of violence under Minn. Stat. 609.713, subd. 1, is not a CIMT because it has been applied in cases involving vague hand gestures and flippant remarks. Special thanks to IRAC. (Matter of Solano, 4/16/18)
CA6 Finds Petitioner Ineligible for Cancellation of Removal Where Record of Conviction Was Inconclusive
The court held that where an individual was convicted under a divisible criminal statute and the record is inconclusive as to whether the conviction was for an aggravated felony, such inconclusiveness defeats eligibility for relief under the INA. (Gutierrez v. Sessions, 4/16/18)
BIA Rescinds In Absentia Order Where Parent Failed to File Change of Address Form on Minor’s Behalf
Unpublished BIA decision rescinds in absentia order against respondent who entered as unaccompanied minor where mother failed to file change of address form on his behalf. Special thanks to IRAC. (Matter of Anaya-Murcia, 4/13/18)
BIA Rescinds In Absentia Order Sua Sponte Based on DHS Non-Opposition
Unpublished BIA decision reverses denial of motion to rescind in absentia order, finding DHS’ affirmative non-opposition constituted an exceptional situation warranting sua sponte reopening. Special thanks to IRAC. (Matter of Balcarcel, 4/13/18)
Presidential Memorandum: Ending ‘‘Catch and Release’’ at the Border of the United States and Directing Other Enhancements to Immigration Enforcement
The White House issued a presidential memorandum to the secretaries of DOS, DOD, DOJ, HHS, and DHS, to end the “catch and release” policy at the border and directing other enhancements to immigration enforcement. (83 FR 16179, 4/13/18)
BIA Reopens and Terminates Proceedings Following Adjustment of Status
Unpublished BIA decision reopens and terminates proceedings following adjustment from U nonimmigrant to LPR status. Special thanks to IRAC. (Matter of Martinez, 4/12/18)
AILA DOS Liaison Q&As (4/12/18)
DOS responses to AILA/DOS liaison Q&As from a 4/12/18 meeting, addressing topics such as: Blanket Ls, visa revocations, the National Vetting Center, visa validity, administrative processing, TCN processing, affidavits of support, misrepresentations, CIMT and treatment of UK cautions, and more.
AILA ICE Liaison Committee Meeting Q&As (4/12/18)
Official Q&As from the 4/12/18 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, family separation, DACA, withholding of removal/travel documents, arrests at courthouses, gang membership, ISAP, detention, U visas, and post order issues.
BIA Terminates Proceedings Following Grant of U Visa
Unpublished BIA decision grants interlocutory appeal and terminates proceedings following grant of respondent’s U visa application. Special thanks to IRAC. (Matter of Kumar, 4/11/18)
DOJ Cuts Immigrants’ Access to Counsel in Latest Attack on Due Process
AILA and the American Immigration Council responded to the recent news that DOJ was halting the Legal Orientation Program despite the program’s success and congressional directives to maintain it.
Sign-On Letter Urging ICE to Discontinue Policy of Detaining Pregnant Individuals
On 4/11/18, AILA joined over 275 organizations in urging ICE Deputy Director Thomas Homan to discontinue its policy of detaining pregnant individuals, who should be able to access the critical healthcare services they need, and instead release them to continue their cases outside of detention.
CRS Report with an Overview of Discretionary Reprieves from Removal
The Congressional Research Service (CRS) issued a report on discretionary reprieves from removal, discussing the primary sources of authority and describes, in general, the nature of the protections that they confer. The report includes a glossary of the principal types of discretionary reprieves.
Documents Related to Lawsuit Challenging ICE Efforts to Detain and Remove Certain People Pursuing Provisional Waivers
Plaintiffs filed a class action suit in federal district court on behalf of certain U.S. citizens and their spouses with final orders of removal pursuing the provisional waiver process, challenging ICE efforts to detain and remove noncitizens in this situation. (Calderon v. Nielsen, 4/10/18)
ICE Announces MOU with Nicaragua as Participating Partner in eTD System
ICE announced that Nicaragua signed a MOU, which established Nicaragua as a partner in the ICE/ERO electronic Travel Document (eTD) system. The eTD system electronically provides biographic and biometric information for determining citizenship and obtaining travel documents for detained individuals.
CA3 Holds Possession of Child Pornography Under 18 Pa. Cons. Stat. §6312(d) Is a CIMT
The court denied the petition for review, applying the categorical approach to hold that the petitioner’s Pennsylvania conviction for possession of child pornography under 18 Pa. Cons. Stat. §6312(d) was a crime involving moral turpitude (CIMT). (Moreno v. Attorney General, 4/9/18)
CA9 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga to Petitioner
The court granted the petition for review and remanded the case to the BIA, holding that the BIA erred in applying Matter of Diaz-Lizarraga retroactively to the petitioner. (Garcia-Martinez v. Sessions, 4/9/18)
BIA Reopens Proceedings After Filing of U Visa Petition
Unpublished BIA decision reopens proceedings in light of the filing of the respondent’s petition for U nonimmigrant status. Special thanks to IRAC. (Matter of Valentin, 4/6/18)