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
Senate Bipartisan Efforts to Save Dreamers Destroyed by Veto Threat
AILA expressed deep disappointment in the failure of the Senate to pass commonsense reforms to protect Dreamers. At the same time, AILA commends the many senators who stood firm against the nativist voices demanding legislation to gut legal immigration and make our country weaker.
AILA Submits Amicus Brief on Administrative Closure Authority
AILA filed an amicus brief with other organizations in Matter of Castro-Tum, which the Attorney General had referred to himself for review. The brief argues that immigration judges have the authority to administratively close a case and that continuances are not an adequate substitute.
Resources To Prepare for Raids and Other Immigration Enforcement Actions
AILA, along with NGO partners, compiled a one-pager on how to prepare for immigration raids. Resources include links to Know Your Rights handouts, toolkits, how to find a detainee, information on filing a complaint, reporting enforcement actions to advocacy organizations, and more.
BIA Rescinds In Absentia Order for Respondent Whose Car Broke Down En Route to Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances against respondent who had appeared at 15 prior hearings and whose car broke down en route to his final hearing. Special thanks to IRAC. (Matter of Gudiel, 2/16/18)
BIA Declines to Consider Interlocutory DHS Appeal Challenging Three-Month Continuance
Unpublished BIA decision declines to consider interlocutory DHS appeal of decision continuing proceedings from November 2017 to February 2018. Special thanks to IRAC. (Matter of Concha, 2/16/18)
CA1 Finds BIA Did Not Abuse Its Discretion in “Particularly Serious Crime” Analysis
The court denied the petitions for review, finding that the BIA did not abuse its discretion in concluding that the petitioner’s aggravated identity theft conviction was a “particularly serious crime” rendering her ineligible for withholding. (Valerio-Ramirez v. Sessions, 2/15/18)
BIA Rescinds In Absentia Order Because Hearing Notice Omitted “In Care Of”
Unpublished BIA decision rescinds in absentia order because address on hearing notice did not include “in care of” notation listed on respondent’s change of address form. Special thanks to IRAC. (Matter of Mejia-Flores, 2/15/18)
CA1 Remands Case to the BIA to Determine Whether Massachusetts Arson Is a CIMT
The court found that the reasoning the BIA used to conclude that Massachusetts arson is categorically a crime involving moral turpitude (CIMT) was inadequate, and remanded the petitioner’s case to the BIA. (Rosa Pena v. Sessions, 2/14/18)
USCIS Not Accepting DACA Requests from Individuals Never Granted DACA
USCIS announced that the scope of the 2/13/18 preliminary injunction is the same as the preliminary injunction issued on 1/9/18. Until further notice, and unless otherwise provided, the DACA policy will continue to be operated on the terms in place before it was rescinded on 9/5/17.
CA9 Refuses to Remand Case Where Petitioners Did Not Show Eligibility for Administrative Closure
The court found that the IJ and BIA erred by not reviewing the petitioners’ administrative closure request, but that remand was not required because the petitioners did not show eligibility for administrative closure under the Avetisyan factors. (Gonzalez-Caraveo v. Sessions, 2/14/18)
BIA Solicits Amicus Briefs on the Conviction for Possession of a Controlled Substance in Florida
The BIA solicits amicus briefs on the question of whether Fla. Stat. § 893.13(6)(a) categorically defines a violation “relating to” a controlled substance as provided in sections 212(a)(2)(A)(i)(II) and 237(a)(2)(B)(i) of the INA. Briefs are due 3/29/18.
Sign-On Letter to Congress Regarding Unaccompanied Children and Asylum Seekers
On 2/14/18, AILA joined 99 other organizations in a letter urging Congress to support the Dream Act and vote against proposals that would punish asylum seekers and vulnerable immigrant children. These harmful proposals would violate due process for asylum seekers and unaccompanied minors.
BIA Solicits Amicus Briefs on Removability and Aggravated Felony Definitions
The BIA solicits amicus briefs on whether DHS can establish removability by charging an individual as an aggravated felon under two separate aggravated felony definitions, neither of which would independently be a categorical match to the statute of conviction. Briefs are due 3/16/18.
Sign-On Letter Urging Congress to Pass the Dream Act and Reject the White House Proposal
On 2/13/18, AILA joined 268 other organizations in a letter calling on Congress to enact permanent protections for Dreamers and reject the White House’s immigration proposal. The letter states that “protecting Dreamers cannot come at the cost of harming other immigrants or immigrant communities.”
ICE Lies: Public Deception, Private Profit
The National Immigrant Justice Center and Detention Watch Network issued a report on ICE that proposes that DHS's patterns of irresponsible governance—including fiscal mismanagement and opacity in detention operations—contribute to a failure of accountability for its ongoing rights violations.
CA4 Holds BIA Erred in Finding Petitioner Did Not Meet Nexus Requirement for Asylum and Withholding Claims
The court found that the BIA erred in holding that the petitioner did not meet the “nexus” requirement for his asylum and withholding of removal claims, finding that at least one central reason for his persecution by MS-13 was his membership in his family. (Salgado-Sosa v. Sessions, 2/13/18)
District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)
BIA Finds Respondent Eligible to Adjust Status Under INA §245(i)
Unpublished BIA decision finds respondent eligible to adjust status under INA §245(i), stating that an applicant need only be the beneficiary of either a labor certification or a visa petition filed on or before April 30, 2001. Special thanks to IRAC. (Matter of Dominguez, 2/13/18)
CRCL Issues Recommendations Memo to CBP Concerning Suicide Prevention
CRCL investigated suicide attempts by persons in CBP custody, and reviewed relevant policies and procedures related to suicide prevention. CRCL issued several recommendations affecting the OFO and USBP, with regards to training, intervention procedure, reporting, and more.
Senators Call For End To Family Separation at Southern Border
On 2/12/18, 33 U.S. senators sent a letter to DHS Secretary Nielsen, calling for an end to family separation and the reversal of policies that obstruct the ability of those seeking humanitarian relief to pursue protection or result in the needless separation of parents and children.
Congressional Black Caucus Rejects the President’s Immigration Proposal
On 2/12/18, the Congressional Black Caucus wrote a letter to President Trump expressing their opposition to the President’s immigration proposal. They specifically rejected the proposed elimination of the Diversity Immigrant Visa Program.
BIA Rescinds In Absentia Order Because Attorney Failed to Update Address
Unpublished BIA decision rescinds in absentia order because hearing notice was mailed to old address that attorney failed to update after moving offices. Special thanks to IRAC. (Matter of Liu, 2/12/18)
BIA Equitably Tolls 30-Day Appeal Deadline
Unpublished BIA decision equitably tolls deadline to file appeal in light of ineffective assistance by prior counsel in failing to pursue asylum application. Special thanks to IRAC. (Matter of S-L-H-O-, 2/12/18)
District Court Orders IJs to Consider Asylum Seekers’ Financial Circumstances When Setting Bond
A district court ordered that once an IJ has determined that an asylum-seeker at the Batavia Federal Detention Facility should be released on bond, financial circumstances as well as alternative conditions of release should be considered. (Abdi, et al v. Nielsen, 2/9/18)
CA10 Affirms District Court’s Certification of Two Classes of ICE Detainees in Private Contract Detention Facility
The court affirmed the district court’s certification of two classes of ICE detainees housed in a GEO group private contract detention facility in Aurora, Colorado. The detainees’ complaint is based on a forced labor claim and an unjust enrichment claim. (Menocal v. GEO Group, 2/9/18)