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
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notice, and unless otherwise provided, the DACA policy will continue to be operated on the terms in place before it was rescinded on 9/5/17.
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.
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)
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.
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.
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.
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)
AILA Submits Amicus Brief on Motions to Reopen
AILA submitted an amicus brief, filed with the Sixth Circuit, explaining the mechanics of a motion to reopen, with an emphasis on motions to reopen for changed country conditions or other changes in law that affect an individual’s removability.
BIA Rescinds In Absentia Order Because NTA Did Not Specify Immigration Court
Unpublished BIA decision rescinds in absentia order because NTA did not specify the particular immigration court at which the respondent was required to appear. Special thanks to IRAC. (Matter of Ramos, 2/9/18)
CA7 Denies Petition for Review of Denial of CAT Relief for Bisexual Jamaican Citizen
The court concluded that the denial of CAT deferral of removal was supported by substantial evidence, finding that the petitioner, a bisexual Jamaican citizen, did not provide sufficient evidence that he specifically would be targeted for extreme violence. (Bernard v. Sessions, 2/8/18)
CA5 Denies Petition for Review Where Petitioner Claimed Lack of Notice of Hearing
The court denied the petition for review, holding that the BIA did not abuse its discretion in affirming the IJ’s decision that the petitioner received proper notice of her hearing where delivery of the notice occurred at the address the petitioner provided. (Garcia Nunez v. Sessions, 2/8/18)
EOIR Swears in Five Immigration Judges
EOIR announced the investiture of five new immigration judges on February 8, 2018. Attorney General Jeff Sessions appointed Angelo J. DiCamillo, John M. Gillies, Mindy E. Hoeppner, Cort M. Picton, and Nathaniel B. Walker to their new positions.
House Minority Leaders Request Speaker Ryan Schedule a Vote to Protect Dreamers
On 2/8/18, House minority leaders Nancy Pelosi (D-CA), Steny Hoyer (D-MD), and James Clyburn (D-SC) wrote a letter to Speaker Paul Ryan (R-WI) requesting he assure the scheduling of a vote on a DACA bill. They mentioned that Democrats have supported a budget agreement to keep the government open.
Coalition for the American Dream Opposes H.R. 4760
On 2/8/18, the Coalition for the American Dream, of which AILA is a member, sent a letter to Republican and Democratic leaders in Congress declaring opposition to H.R. 4760: Securing America’s Future Act of 2018, which does not provide a permanent workable legislative solution for Dreamers.
CA9 Finds INA §318 Did Not Preclude District Court from Considering Petitioners’ Naturalization Applications
The court held that INA §318 does not preclude a district court from considering a naturalization application that is properly before the court pursuant to INA §336(b). (Yith v. Nielsen, 2/7/18)
CA1 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship
The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18)
District Court Finds No Authority to Detain People Exclusively on the Basis of Suspected Civil Immigration Violations
A federal district court issued an order finding, among other things, that the Los Angeles County Sheriff’s Department “does not have authority to detain people exclusively on the basis of suspected civil immigration violations.” (Roy v. County of Los Angeles, 2/7/18)
BIA Remands for Testimony on Amount of Loss to Victims of Fraud
Unpublished BIA decision holds that IJ should have permitted respondent to testify regarding amount of loss to the victims before finding that he had been convicted of an aggravated felony under INA §101(a)(43)(M)(i). Special thanks to IRAC. (Matter of Mena, 2/7/18)