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
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)
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Unpublished BIA decision reverses IJ’s finding that respondent’s failure to leave under a grant of voluntary departure triggered the fugitive disentitlement doctrine,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)
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)
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.
P.L. 115-141: Consolidated Appropriations Act, 2018
On 3/23/18, President Trump signed into law the Consolidated Appropriations Act, 2018 (H.R. 1625) to fund the government until September 30, 2018.
AG Invites Amicus Briefs on Continuances for Adjudication of Collateral Matters
The Attorney General referred BIA decisions to himself for review of when there is "good cause" to grant a continuance to adjudicate a collateral matter. Amicus briefs are due by 4/22/18. AILA is seeking the underlying decisions. Matter of L-A-B-R- et al., 27 I&N Dec. 245 (A.G. 2018)
Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez
On 3/21/18, ACLU, ACLU of Southern California, and Stanford Immigrants’ Rights Clinic published a practice advisory on prolonged detention challenges after Jennings v. Rodriguez.
Congress Set to Approve Funding Deal, Leaves Dreamers Out in the Cold
With Congress set to approve billions of additional funding for immigration enforcement as part of the spending package funding the federal government through September 30, AILA President Annaluisa Padilla noted, “It is absolutely shameful that there is no solution for Dreamers in this legislation.”
CA5 Denies Petition for Review Where Defendant Failed to Raise the Issue of the Realistic Probability Test
The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Vazquez v. Sessions, 3/21/18)
ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids
ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant.
BIA Holds That Term “Entry” Retains Pre-IIRIRA Meaning
Unpublished BIA decision holds that the term “entry” in INA §237(a)(2)(E)(i) was not affected by the passage of the IIRIRA and thus does not apply to LPRs returning from a trip abroad that was innocent, casual, and brief. Special thanks to IRAC. (Matter of Espinoza-Ramirez, 3/20/18)
CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony
The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18)
CA4 Vacates Matter of Jimenez-Cedillo
The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18)
ICE ERO/AILA South Florida Liaison Meeting Minutes (Spring 2018)
Minutes from the South Florida Chapter’s Spring 2018 meeting with the ICE ERO office.
CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude
The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18)