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
Law Student Perspective: Changing the Narrative - A Lesson I Learned from a Congressman
AILA Law Student Member Homero Gonzalez discusses his meeting with a U.S. representative and how it reframed his thoughts on immigration.
AILA Quicktake #226: What's Next on Dream
AILA Director of Government Relations Greg Chen discusses what's on Congress' plate as they look to fund the government by December 22 and how AILA members can get involved to get the Dream Act passed.
DHS OIG Expresses Concerns about ICE Detainee Treatment and Care at Detention Facilities
DHS OIG issued a report after inspecting five detention facilities and expressed concerns about ICE detainee treatment and care at these facilities.
Civil and Human Rights Organizations File Joint Complaint With DHS on Behalf of Families Forcibly Separated in CBP Custody
A complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States was filed by the Immigration Justice Campaign, Women’s Refugee Commission, Kids In Need of Defense, and other partners.
Joint Complaint Filed With DHS on Behalf of Families Forcibly Separated in CBP Custody
AILA joined civil and human rights organizations in filing a complaint to DHS on behalf of family members who have been forcibly separated while in custody at the southern border of the United States.
BIA Reopens Proceedings for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings for DACA recipient seeking to adjust status, noting that he was a minor when his parents’ asylum application was denied and was now the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Wu, 12/11/17)
AILA: Congress Must Pass Dream Legislation Before the Holidays
AILA urged Congress and the President to pass the Dream Act before the December holidays. Failing to act will hurt Dreamers, their families, and the businesses and communities that depend on them.
Hardline Immigration Policies Keep Running into Legal Trouble
On November 20, 2017, the United States District Court for the Northern District of California, issued a nationwide permanent injunction blocking the federal government's attempt to strip so-called “sanctuary cities“ of federal funding. Judge William Orrick ruled the executive order unconstitu
BIA Holds Failure of Sex Offender to Report Change in Address Is Not a CIMT
Unpublished BIA decision holds that failure of sex offender to report change in address under 730 Ill. Comp. Stat. 50/6 is not a CIMT because it IS a strict liability offense. Special thanks to IRAC. (Matter of Neufville, 12/7/17)
TRAC Finds that Criminal Immigration Prosecutions Down 14% in FY2017
DOJ data shows that during FY2017 there were 59,910 new immigration prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is down 14 percent during FY2016, when the number of criminal prosecutions totaled 69,636.
AILA: AG Sessions Cites Flawed Facts in Missive on the Immigration Court System
AILA condemned attacks by AG Sessions on the immigration courts and the due process rights of immigrants, stating that “For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.”
Attorney General Sessions Issues Memo Outlining Principles to Ensure that the Adjudication of Immigration Cases Services the National Interest
Attorney General Jeff Sessions released a memo to EOIR on the timely and efficient adjudication of immigration cases. The memo encourages EOIR to identify new efficiencies, and articulates five core principles that EOIR personnel should support and adhere to when adjudicating immigration cases.
DHS CRCL Released FY2016 Annual Report to Congress
DHS’s Office of Civil Rights and Civil Liberties (CRCL) issued its annual report to Congress on its priorities and activities for FY2016.
BIA Holds North Dakota Statute Is Not a Crime of Child Abuse
Unpublished BIA decision holds that contributing to deprivation of a minor under N.D. Code 14-10-06(1) is not a crime of child abuse, child neglect, or child abandonment because it prohibits allowing a minor to enter a liquor store. Special thanks to IRAC. (Matter of Kuot, 12/6/17)
BIA Holds Washington Assault Statute Is Not a CIMT
Unpublished BIA decision holds that third-degree assault under Rev. Code Wash. 9A-36.031(1)(f) with a sexual motivation sentencing enhancement was not a CIMT because the underlying offense could be predicated on mere criminal negligence. Special thanks to IRAC. (Matter of Moo, 12/6/17)
CA4 Remands Asylum Case to BIA to Reconsider Eligibility for Changed Circumstances Exception to One-Year Filing Deadline
The court found that facts that provide additional support for a pre-existing asylum claim can satisfy the changed circumstances exception to the one-year filing deadline and remanded the Honduran petitioner’s case to the BIA. (Romero Zambrano v. Sessions, 12/5/17)
S. 2192: Security, Enforcement, and Compassion United in Reform Efforts Act
On 12/5/17, Senator Chuck Grassley (R-IA) introduced the SECURE Act, to strengthen border security, increase resources for enforcement of immigration laws, provides relief from deportation and work authorization to DACA recipients, among other things.
The Deported: Immigrants Uprooted from the Country They Call Home
Human Rights Watch provides a report with immigration arrests and deportations in 2017, and details the often-wrenching human impact on undocumented immigrants, their families, and their communities. The report draws heavily on 43 in-depth interviews with long-term immigrants deported since 2016.
DOJ Memo: Renewing Our Commitment to the Timely and Efficient Adjudication of Immigration Cases to Serve the National Interest
The Attorney General issued a memo to EOIR stating that he expects EOIR to “ensure that the adjudication of immigration cases serves the national interest” and outlines principles to use when adjudicating immigration cases.
DOJ Backgrounder on EOIR Strategic Caseload Reduction Plan
DOJ provides a backgrounder on EOIR’s strategic caseload reduction plan. To accomplish this goal, EOIR must increase adjudicatory capacity, increase immigration judge productivity, and manage incoming case receipts from DHS. EOIR is implementing five initiatives to address these goals.
EOIR Final Rule on Denials of Suspension of Deportation and Cancellation of Removal
EOIR final rule adopting without change the rule proposed at 81 FR 86291 on 11/30/16. The final rule allows IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. (82 FR 57336, 12/5/17)
Law Student Perspective: Understanding DACA and Its Impact on the U.S. Economy
AILA member Indera DeMine provides information on DACA and conducts an interview with a DACA recipient.
Republican Members of Congress Call on Speaker Ryan to Protect Dreamers
On 12/5/17, Representatives Scott Taylor (R-VA) and Dan Newhouse (R-WA) were joined by 30 Republican members of Congress in calling on Speaker Paul Ryan (R-WI) to pass a permanent legislative solution for Deferred Action for Childhood Arrivals (DACA) recipients before the end of the year.
DHS Provides ICE and CBP End of FY2017 Statistics
DHS released a summary of its end-of-the-year immigration enforcement numbers. In FY2017, CBP reported 310,531 apprehensions nationwide, 303,916 of which were along the Southwest border. In FY2017, ICE conducted 143,470 arrests and 226,119 removals.
34 House Republicans Urge DACA Fix Before End of Year
On 12/5/17, Representatives Scott Taylor (R-VA) and Dan Newhouse (R-W) issued a press statement on the letter 34 Republicans sent to Speaker Paul Ryan (R-WI) on the urgency of putting a permanent solution for DACA on the floor of the U.S. House of Representatives before the end of 2017.