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
CA2 Finds Failure to Inform Defendant of Immigration Consequences of Guilty Plea Was Not Harmless Error
The court held that the district court’s failure to inform the defendant of the potential immigration consequences of his guilty plea was not harmless error. The court vacated the judgment of the district court and remanded. (U.S. v. Gonzales, 3/13/18)
H.Res. 774: “Queen-of-the-Hill” Resolution on Dreamers
On 3/13/18, Representative Jeff Denham (R-CA) introduced H.Res.774 with 17 original Republican cosponsors. The resolution would require the U.S. House of Representatives to consider four bills under a “Queen of the Hill” rule to address Deferred Action for Childhood Arrivals (DACA) recipients.
BIA Finds Theft of Department of Treasury Funds Not a CIMT
Unpublished BIA decision holds that theft of Department of Treasury funds under 18 USC §641 is not a CIMT because it does not require either an intent to permanently deprive the owner of property or to defraud. Special thanks to IRAC. (Matter of Husti, 3/13/18)
CA11 Finds That Petitioner’s Florida Cocaine Trafficking Conviction Was Not an Aggravated Felony
Relying on its recent decision in Cintron v. Attorney General, the court held that the petitioner’s conviction for trafficking in cocaine under Fla. Stat. §893.135(1)(b)1.c was not an aggravated felony and remanded the case to the BIA. (Ulloa Francisco v. Attorney General, 3/12/18)
Law Student Perspective: The Somali 92
AILA Law Student members Mary Georgevich and Alexis Dutt share their experiences working with detained Somali refugees in Florida.
CA9 Finds Requirement to Accept Asylum Petitioner’s Testimony as True Where IJ and BIA Did Not Make Adverse Credibility Determination
The court granted the petition for review of the denial of asylum and withholding of removal, finding that because neither the IJ nor the BIA made an explicit adverse credibility determination, the court was required to accept the petitioner’s testimony as true. (Dai v. Sessions, 3/8/18)
CA2 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga
The court held that the BIA erred by retroactively applying the standard announced in Matter of Diaz-Lizarraga for larceny crimes involving moral turpitude to the petitioner’s case and remanded the case to the BIA. (Obeya v. Sessions, 3/8/18)
CA7 Finds Lack of Jurisdiction to Review Whether Petitioner Waived Her Appeal Rights
The court dismissed the petition for review, finding that it lacked jurisdiction to review the question of whether the petitioner had waived her appeal rights. (Melesio-Rodriguez v. Sessions, 3/7/18)
The End of Immigration Enforcement Priorities Under the Trump Administration
The American Immigration Council provides a fact sheet that explains the shift in enforcement philosophy under the Trump administration and outlines the effects of this change. This approach to enforcement diverts the attention of law enforcement agencies from those who are serious public threats.
AG Refers Decision to Himself and Issues Amicus Invitation on “Particular Social Group” and Victims of Private Criminal Activity
The Attorney General referred Matter of A-B- to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum and withholding of removal.
Featured Issue: Detainers
Updates and resources related to detainers, including AILA press statements, reports, and testimonies.
DHS States USCIS Is Adjudicating DACA Renewals in Compliance with Court Injunctions
DHS issued a press statement on DACA, stating that in compliance with court injunctions, USCIS is adjudicating requests for DACA renewals as they are submitted but is not accepting requests from individuals not previously granted deferred action under DACA.
Assumption of Risk: Legal Liabilities for Local Governments that Choose to Enforce Federal Immigration Laws
Report by AILA, the Council, NIJC, NILC, and SPLC on ICE detainer requests to local law enforcement agencies, the history and constitutional and legal framework of such detainers, and the non-legal consequences of local law enforcement officers acting as immigration agents.
AILA Quicktake #237: DACA Deadline Passes
AILA's Director of Government Relations Greg Chen shares where things stand with the DACA program now that the March 5 deadline has passed and looks ahead to the spending bill that must be passed by March 23 to fund the government.
Civil Rights Report Describes Legal Liabilities for Local Police that Detain Immigrants for ICE
AILA and four other organizations issued a press release about their new report detailing the illegalities inherent in each of the U.S. government’s attempts to enlist local law enforcement authorities to arrest and detain people on behalf of U.S. Immigration and Customs Enforcement (ICE).
House Republicans Sign Letter in Response to Lawsuits Regarding Voluntary Institutional Work at Detention Center Facilities
On March 7, 2018, 18 House Republicans signed a letter to the DOJ, the DOL, and ICE urging them to participate in pending litigation or issue guidance to oppose the claims of several lawsuits. The lawsuits were filed against Contract Detention Facilities for paying detainees $1 per day for labor.
CRS Report: Explanation and Takeaways on District Court Cases Related to DACA Phase-Out
The Congressional Research Service (CRS) provides a Legal Sidebar with information on the impact of recent litigation related to the DACA phase-out.
Executive Actions Issued on the Border and Interior Enforcement
Documents relating to the two Executive Orders signed on January 25, 2017, relating the border and interior enforcement.
AG Refers and Vacates Decision on Entitlement to Full Asylum Hearing
Attorney General Jeff Sessions referred the BIA decision in Matter of E-F-H-L- to himself for review and vacated that decision, directing that the matter be recalendared and restored to the active docket. Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018)
BIA Dismisses DHS Appeal as Moot Following Issuance of Immigrant Visa
Unpublished BIA decision dismisses as moot a DHS appeal challenging the termination of proceedings following approval of a provisional unlawful presence waiver because the respondent was issued an immigrant visa while the appeal was pending. Special thanks to IRAC. (Matter of Arroyo, 3/5/18)
CA9 Finds Violation of California Penal Code §286(i) to Be an Aggravated Felony
The court found that a violation of California Penal Code §286(i) for sodomy where the victim cannot consent qualifies as a rape offense under INA §101(a)(43)(A), and that the plaintiff’s conviction under that statute was therefore an aggravated felony. (Elmakhzoumi v. Sessions, 3/1/18)
EOIR Releases Fact Sheet on BIA Emergency Stay Requests
EOIR released a fact sheet on BIA emergency stay requests, including contact information and how an emergency stay request is made.
ProPublica: Have You Seen ICE or Border Patrol in Your Community?
ProPublica and Univision News want to learn more about where ICE and CBP are conducting operations, and how they are affecting you. Has an immigration enforcement action impacted you or someone you know?
BIA Rescinds In Absentia Order Because Attorney Failed to Notify Respondent of Hearing
Unpublished BIA decision rescinds in absentia order where attorney who received hearing notice conceded that he failed to notify the respondent of the hearing. Special thanks to IRAC. (Matter of Jiminez, 3/1/18)
CA1 Finds Evidence Did Not Compel Conclusion That Violence Against Petitioner’s Family Members Was Due to Family Membership
The court denied the petition for review of the denial of the petitioner’s asylum application, finding that the evidence did not compel the conclusion that a series of violent incidents against her family members was on account of their family membership. (Sosa-Perez v. Sessions, 2/28/18)