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 Operating Policies and Procedures on Classified Information in Immigration Court Proceedings
EOIR issued Operating Policies and Procedures Memorandum 24-01 on the proper handling of classified information in immigration court proceedings and within immigration courts.
CA4 Finds IJ Failed to Consider Relevant Evidence Regarding Family Hardship in Denying Cancellation of Removal
The court held that the IJ failed to adequately consider the evidence presented to him—specifically, material portions of a therapist’s letter discussing the petitioner’s daughter’s mental health and how the petitioner’s removal would impact her daughter. (Garcia Cortes v. Garland, 6/17/24)
CA9 Finds BIA Erred in Requiring Petitioner to Have Applied for Voluntary Departure Before IJ But Error Was Harmless
The court held that, in light of Posos-Sanchez v. Garland, the BIA erred in denying the petitioner’s motion to remand on the basis that she had not previously applied for voluntary departure before the IJ, but found that the BIA’s error was harmless. (Gonzalez-Lara v. Garland, 6/17/24)
District Court Temporarily Blocks Iowa Law That Would Allow State Authorities to Imprison and Deport Anyone Previously Removed
The district court granted the motions for preliminary injunction filed by the federal government and Iowa Migrant Movement for Justice (MMJ) plaintiffs in their respective cases, concluding that SF 2340 is preempted in its entirety by federal law. (United States v. Iowa, et al., 6/17/24)
SCOTUS Finds Two Types of “Written Notice” as Adequate Even if First Notice Didn't Include Time or Place
In Campos-Chaves v. Garland, SCOTUS found that the noncitizens received adequate notice of the removal hearings that they missed and at which they were ordered removed so that they can’t seek rescission of their removal orders (issued in their absence) on the basis of defective notice.
AILA President: Supreme Court Decision in Campos-Chaves Gives Government Free Pass and Undermines Due Process
AILA President Kelli Stump responded to today’s SCOTUS ruling in Campos-Chaves v. Garland, highlighting that “this is yet another example of why we so desperately need an independent immigration court in order to have any chance of fairness and justice.”
Key Takeaways from the Annual Conference ICE Open Forum
The ICE Liaison Committee provides key takeaways from the ICE Open Forum Panel, which was held during the AILA Annual Conference on June 14, 2024.
Key Takeaways from the CIS Ombudsman Open Forum 2024 AILA Annual Conference
AILA’s High Impact Adjudication Assistance (HIAA) Committee shares five key takeaways from the CIS Ombudsman Open Forum at the AILA Annual Conference on June 14, 2024.
Featured Issue: Border Processing and Asylum
This featured issue page provides updates, analyses, and other resources on border processing and asylum policies, and AILA’s advocacy on the creation of a humane and fair border processing system for all individuals arriving at our southern border seeking safety.
Think Immigration: The Next Best Thing to Attending the AILA Law Journal Symposium Is Reading This Issue
AILA Law Journal Editor-in-Chief Cyrus Mehta runs through the pieces in this special edition of the journal which focuses on the AILA Law Journal’s first-ever symposium held this Spring on “Shaping Immigration Policy Through the Federal Courts.”
AILA and the Council Comment on the Application of Certain Mandatory Bars in Fear Screenings
AILA and the American Immigration Council submitted a joint comment on NPRM, Application of Certain Mandatory Bars in Fear Screenings.
CA1 Concludes That Petitioner Detained Nearly Four Years While Seeking CAT Relief Was Not Entitled to Habeas Relief
The court affirmed the district court’s denial of habeas relief, finding that the petitioner had not exhausted his administrative remedies to prevent removal, but rather was being detained because his Convention Against Torture (CAT) proceedings remained pending. (G.P. v. Garland, 6/11/24)
CA4 Upholds Denial of Asylum and Related Relief to Salvadoran Petitioners Who Were Abused by Maternal Uncle
The court held that substantial evidence supported the agency’s finding that petitioners had failed to show the requisite nexus between the harm they suffered from their uncle and their membership in a social group consisting of “children of their mother.” (Diaz-Hernandez v. Garland, 6/10/24)
Practice Alert: Searching for Individuals in CBP Custody
If you are searching for someone who may have crossed into the United States, the ICE website allows you to search by name or A-number for anyone currently in ICE custody or currently in CBP custody for 48 hours or more.
ICE Announces Changes to "Optimize Enforcement Resources"
ICE announced several changes to increase the overall capacity of enforcement resources, including repatriation flights and detention capacity. One change was closing the South Texas Family Residential Center in Dilley, Texas, which is the most expensive facility in the national detention network.
Legal and Policy Experts Discussed Asylum and Border Changes in Virtual Press Briefing
AILA held a virtual press briefing in which AILA ED Ben Johnson was joined by Greg Chen, Jennifer Ibañez Whitlock, and Angela Kelley to discuss the recently issued Interim Final Rule (IFR) and Presidential Proclamation; an audio recording is available.
DHS/DOJ Interim Final Rule on Securing the Border
DHS/DOJ published an interim final rule with a request for comments on a proclamation suspending and limiting the entry of certain noncitizens. Comments are due by 7/8/24. Rule is effective at 12:01 am (ET) on 6/5/24. (89 FR 48710, 6/7/24)
Audio Recording of Press Briefing Held June 6, 2024, Regarding Implementation of Border IFR
Unofficial transcription and audio recording of AILA's press briefing held on June 6, 2024, regarding the implementation of the recent border IFR.
Practice Alert: Changes to Asylum Law under “Securing the Border” and the “Circumvention of Lawful Pathways” Regulations
AILA provides a practice alert after President Biden signed “A Proclamation on Securing the Border,” (Proclamation) and the Administration issued an Interim Final Rule, “Securing the Border” (IFR), jointly (STB), relying in part on the authority in INA 212(f).
Joint Analysis of Biden Border Proclamation
AILA, as well as several other organizations, provide joint analysis of the Biden Border Proclamation, including key takeaways, background information, and summaries of the changes.
Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum
AILA ED Ben Johnson responded to the Biden Administration’s new proclamation and rule aimed at preventing migrants entering the U.S. between ports of entry from accessing asylum, noting that “the powers of the Executive Branch alone are insufficient to address the challenges at the border.”
ICE Issues Implementation Guidance for Noncitizens Described in the June 3, 2024, Presidential Proclamation
ICE issued implementation guidance for noncitizens described in the June 3, 2024, Presidential Proclamation, Securing the Border, and the Interim Final Rule, Securing the Border, which went into effect on 12:01 am (ET) on June 5, 2024.
Policy Brief: Presidential Authority to Block or Expel Migrants
President Biden is considering restricting the number of migrants who can enter the United States and barring asylum seekers for extended periods. AILA would oppose this policy if it prevents asylum seekers from receiving fair and accurate consideration of their requests for asylum.
CA7 Affirms District Court’s Dismissal of Plaintiff’s Complaint Alleging That USCIS Improperly Denied Her I-360 Petition
The court found that the district court correctly dismissed the plaintiff’s complaint, which alleged that USCIS improperly denied her I-360 petition under the Administrative Procedure Act (APA) and agency regulations, as well as violated her Fifth Amendment rights. (Smith v. Garland, 6/3/24)
"No Human Being Should Be Held There": The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails
Immigration Equality, the National Immigrant Justice Center, and Human Rights First surveyed 41 LGBTQ and HIV-positive immigrants who were detained by CBP and ICE and found inhumane conditions and urge the executive branch and Congress to take steps to end the unnecessary suffering.