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 Legal Training Program on IJ Performance Measures
Obtained via FOIA by CLINIC, EOIR released records of its 6/7/18 Legal Training Program on immigration judge performance measures.
CA11 Vacates BIA Ruling That IJ Was Without Authority to Grant a Waiver of Inadmissibility
The court granted petition to review and found the BIA erred in concluding that IJs cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicant, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3). (Meridor v. U.S. Att’y Gen., 6/7/18)
DOJ Announces Release of FY2018, Quarter 1 Data on Incarcerated Foreign Nationals
DOJ announced the release of DOJ/DHS FY2018, Quarter 1 Alien Incarceration Report. The report found that more than one-in-five of all persons in Bureau of Prisons custody were known or suspected foreign nationals, and 93% of confirmed foreign nationals in DOJ custody were in the U.S. unlawfully.
U.S. Chamber of Commerce Urges Congress to Protect Dreamers
On 6/6/18, the U.S. Chamber of Commerce urged the House of Representatives to pass bipartisan legislation to permanently protect Dreamers. The organization also encouraged Congress to reject proposals that would reduce legal migration and ensure those with work authorization can continue to work.
Sign-On Letter to Congressional Leadership on Worksite Raids
On 6/6/18, AILA joined several other human rights and immigrant rights organizations from across the U.S. in calling on congressional leadership to address the return of mass worksite raids and the increase of rogue worksite enforcement actions taken by ICE and DHS.
BIA Finds Forced Labor to Be Material Support to a Terrorist Organization
BIA remanded the record after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes provided aid to them. Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018)
DOJ and DHS Release Data on Incarcerated Foreign Nationals (FY2018, Quarter 1)
Per EO 13768, DOJ and DHS released the FY2018 first quarter “Alien Incarceration Report.” This report includes data on known or suspected foreign nationals in the custody of BOP or USMS, and limited data regarding immigration status of convicted individuals incarcerated throughout the United States.
Members of Congress Condemn Worksite Immigration Raids in Letter to Secretary Nielsen and Commissioner Kautter
On 6/5/18, several members of Congress sent a letter to DHS Secretary Kirstjen Nielsen and IRS Acting Commissioner David Kautter condemning the recent worksite immigration enforcement operation conducted in Bean Station, Tennessee.
DHS Notice of Proposed Rulemaking Regarding Immigration Bonds
DHS proposed two changes that would apply to surety companies certified by the Department of the Treasury to underwrite immigration bonds and their administrative appeals process. Proposed amendments would change 8 CFR Part 103. Comments are due by 8/6/18. (83 FR 25951, 6/5/18)
CLINIC Provides Practice Pointer on the Implications of Matter of Castro-Tum
Catholic Legal Immigration Network, Inc. (CLINIC) provided a practice advisory with an analysis of the AG’s decision in Matter of Castro-Tum. The practice pointer discusses the implications of this decision and provides best practices for practitioners.
USCIS Provides Data on DACA Requestors with IDENT Response for Arrests or Apprehensions
USCIS provided data from 2012 to 2018 on DACA requestors who received an Automated Biometric Identification System (IDENT) response due to arrests or apprehensions for criminal or immigration-related offenses, broken down by type and number of offenses and whether application was approved or denied.
Public Complaint Regarding Denver Contract Detention Facility’s Failure to Provide Medical and Mental Care
AILA and the American Immigration Council file a complaint with the DHS OIG, CRCL, ICE, and ICE's Health Services Corps urging an investigation into the government’s longstanding and systemic failure to provide adequate medical and mental health care to immigrants detained at the Aurora Facility.
Complaint Filed with DHS Oversight Bodies Calls for Improvements to Medical and Mental Health Care of Immigrants in Aurora Detention Center
AILA and American Immigration Council released a press release on their complaint, filed 6/4/18, regarding inadequate access to medical and mental health care for immigrants detained at the Denver Contract Detention Facility, which is owned and operated by the private prison company Geo Group, Inc.
TRAC Finds Criminal Prosecutions for Illegal Border Crossers Jumped Sharply in April 2018
TRAC found that federal criminal prosecutions of individuals stopped by CBP along the southwest border jumped 30% in April 2018 over March figures and up 60% since January 2018. This increase follows AG Sessions' April 6, 2018, announcement of a zero-tolerance policy for illegal entry and re-entry.
EOIR Releases Training on Evidentiary Challenges
Obtained via FOIA by Hoppock Law Firm, EOIR released a training from the 2018 Legal Training Program on evidentiary challenges; assessing admissibility, weight, and reliability of evidence; and challenges to reliability of government interviews and reports. Special thanks to Matthew Hoppock.
EOIR Releases IJ Training Materials on Resolving Claims to U.S. Citizenship
Obtained via FOIA by Hoppock Law Firm, EOIR released a presentation from the 2018 Legal Training Program about resolving claims to U.S. citizenship. Special thanks to Matthew Hoppock.
EOIR Releases Training Materials on Developments in Criminal Immigration and Bond Law
Obtained via FOIA by Hoppock Law Firm, EOIR released a 2018 Legal Training Program presentation on developments in criminal immigration and bond law and avoiding the use or mitigating the effect of the categorical approach. Special thanks to Matthew Hoppock.
CA9 Declines to Review BIA’s Denial of Asylum and Withholding
The court denied a petition for review, finding substantial evidence supported BIA’s finding that applicant’s testimony was not persuasive, and that he failed to provide any meaningful corroborative evidence, despite receiving sufficient notice of the need to do so. (Liu v. Sessions, 6/1/18)
Vindicating the Rights of at the Border and Beyond: A Guide to Representing Asylum Seekers in Expedited Removal and Reinstatement of Removal Proceedin
The Asylum Seeker Advocacy Project at the Urban Justice Center provided a guide to assist those working with individuals who crossed the U.S.-Mexico border seeking asylum. This guide is limited to the civil immigration proceedings including expedited removal and reinstatement of removal.
ICE Releases Statement on New York’s Detainer Policy
ICE released a statement after conducting a three-month review of detainers lodged with the New York City Police Department and the New York Department of Corrections. ICE purported to find that it prepared 440 detainers and nearly 40 individuals who were released from custody, reoffended.
AILA Policy Brief: New Barriers at the Border Impede Due Process and Access to Asylum
AILA issued a policy brief explaining recent policy changes that have eroded the due process rights of asylum seekers and other migrants at ports of entry and in border regions.
CA7 Affirms Reinstatement of Prior Removal Order After Illegal Reentry
The court denied petition for review, rejecting the argument that, because reentry by previously removed LPR was “procedurally regular,” he was entitled to a full hearing before an IJ rather than be subject to reinstatement of prior removal order. (Mendoza v. Sessions, 5/31/18)
USCIS Provides Data on Pending DACA Applications as of May 31, 2018
USCIS provided data on the approximate number of DACA renewals pending with expired DACA and the approximate number of DACA initial applications pending, as of May 31, 2018.
USCIS Provides Data on Active DACA Recipients as of May 31, 2018
USCIS provided data on active DACA recipients as of May 31, 2018, by country of birth, by state or territory of residence, by core based statistical area, by gender, by age, and by marital status.
USCIS Provides Approximate Number of Active DACA Recipients as of May 31, 2018
USCIS provided data on the approximate number of active DACA recipients, broken by month and year of their current DACA expiration date, as of May 31, 2018.