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
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/17 and ending 12/31/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.06 per centum per annum. (82 FR 46890, 10/6/17)
BIA Says Noncitizen Seeking to Qualify for Exception to Inadmissibility Under INA §212(a)(6)(A)(ii) Must Be a VAWA Self-Petitioner
The BIA held that a noncitizen seeking to qualify for the exception to inadmissibility in INA §212(a)(6)(A)(ii) must satisfy all three subclauses of that section, including the requirement that the noncitizen be a VAWA self-petitioner. Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)
CA7 Declines to Follow Matter of Khan and Remands Case Involving §212(d)(3)(A)(ii) Waiver for Noncitizen Seeking U Visa
Adhering to LDG v. Holder, the court held that IJs may exercise the AG’s powers over immigration, and remanded for the BIA to further consider whether the AG has the authority to waive a noncitizen’s inadmissibility while he or she requests a U visa. (Baez-Sanchez v. Sessions, 10/6/17)
CA11 Says §212(h) Waiver Is Not Available to Applicants Seeking Relief Under INA §240A(b)(2)(A)
The court held that BIA reasonably concluded INA §212(h) is unavailable to applicants seeking relief under INA §240A(b)(2)(A), a “special rule” allowing an otherwise inadmissible immigrant who was the victim of domestic violence to cancel his or her removal. (Arevalo v. Att’y Gen., 10/6/17)
BIA Holds Georgia Receipt of Stolen Property Is Not a CIMT
Unpublished BIA decision holds that theft by receiving stolen property under Ga. Code Ann. 16-8-7 is not a CIMT because it does not require knowledge that property in question was stolen. Special thanks to IRAC. (Matter of W-A-D-C-, 10/6/17)
EOIR Memo on Definitions and Use of Adjournment, Call-Up, and Case Identification Codes
EOIR issued OPPM 17-02, that rescinds OPPM 05-07, on the definitions and use of adjournment, call-up, and case identification codes that sets forth updated codes used to track the case hearing process. This OPPM reduces the number of codes. Memo is effective immediately.
CA5 Finds Petitioner’s Failure to Brief Her Ineffective Assistance of Counsel Claim Constituted Waiver of the Claim
The court held that the BIA did not err in denying the petitioner's motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal. (Lowe v. Sessions, 10/5/17)
S. 1937: Border Security and Deferred Action Recipient Relief Act
On 10/5/17, Senator Jeff Flake (R-AZ) introduced the Border Security and Deferred Action Recipient Relief Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, along with increase border security and interior enforcement measures.
Practice Alert: DACA Renewals Must Be Physically Received by USCIS Today
AILA reminds members that DACA renewal applications must be physically received (not postmarked) by USCIS no later than today, 10/5/17 in order to be deemed timely filed. Late DACA requests from residents of the U.S. Virgin Islands and Puerto Rico will be considered on a case-by-case basis.
Practice Pointer: Expedite Requests for VAWA, U, and T Visa Applications
AILA’s VAWA, U, and T committee provide instructions and additional guidance for submitting an expedite request for VAWA, U, and T applications with USCIS.
USCIS Statistics on Asylum Filings for Minors for FY2017
USCIS provided FY2017 statistics (through 9/30/17) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 2
In this special two-part Think Immigration blog, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. Read Part 1 of the blog post here
Senators Graham and Harris Urge the President to Extend DACA Deadline
Senators Lindsey Graham (R-SC) and Kamala Harris (D-CA) wrote a bipartisan letter to President Trump urging him to extend the DACA renewal application deadline to 1/4/18. The Senators cited concerns with applicants ability to seek legal counsel, pay the fee before the 10/5/17 deadline, and more.
Justice Department Releases Statistics on the Impact of Immigration Judge Surge
EOIR released statistics on the assignment of immigration judges (IJs) to immigration detention facilities, projected that the mobilized IJs completed approximately 2,700 more cases than expected if the IJs had not been detailed, a positive net effect on the nationwide caseload.
AILA Quicktake #217: Jennings v Rodriguez Arguments
AILA South Florida Chapter Chair Sui Chung recaps the Jennings v Rodriguez oral arguments before the Supreme Court on 10/3/17 and shares how it will impact members and clients.
CHC Letter to DHS Secretary Elaine Duke on DACA Renewal Deadline
The Congressional Hispanic Caucus (CHC) urged DHS to extend the DACA renewal deadline to 1/5/18 due to nearly a third of those eligible to renew having not submitted their renewals as of 9/27/17. They also requested DHS to provide guidance to ICE and CBP to ensure DACA recipients are not targeted.
AILA Statement to Senate Judiciary Committee Hearing on End of DACA
AILA submitted a statement to the Senate Committee on the Judiciary for a hearing on “Oversight of the Administration’s Decision to End Deferred Action for Childhood Arrivals.” AILA urges members of Congress to call for an immediate vote on the Dream Act, extend the DACA renewal deadline, and more.
DHS Reminds Eligible DACA Recipients to File Renewal Requests
DHS reminds eligible DACA recipients that they have until 10/5/17 to properly file their renewal request. Of the 154,200 individuals whose DACA is set to expire between 9/5/17 and 3/5/18, just over 100,000 have renewal requests currently pending with USCIS or have already been adjudicated.
H.R. 3923: Dignity for Detained Immigrants Act of 2017
On 10/3/17, Representative Adam Smith (D-WA) introduced the Dignity for Detained Immigrants Act of 2017 (H.R. 3923), which would provide standards for facilities at which immigrants in the custody of the Department of Homeland Security are detained.
BIA Holds Florida Dealing in Stolen Property Is Not a CIMT
Unpublished BIA decision holds that dealing in stolen property under Fla. Stat. 812.019(1) was not a CIMT because offenders need only exhibit negligence with respect to whether the property in question was stolen. Special thanks to IRAC. (Matter of Machado Brindis, 10/3/17)
BIA Holds Massachusetts Assault on Police Officer Is Not a CIMT
Unpublished BIA decision holds that assault and battery upon a police officer in violation of Mass. Gen. Laws Ann. ch. 265, §13D is not a CIMT because it applies to offensive but non-injurious batteries upon police officers. Special thanks to IRAC. (Matter of Dominguez, 10/3/17)
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 1
In this special two-part Think Immigration blog post, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. The trio attended the oral a
CA9 Affirms Preliminary Injunction Requiring IJs to Consider When Setting a Bond a Detainee’s Financial Ability to Pay
The court affirmed a district court’s order granting a preliminary injunction in favor of plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in California and are unable to afford the bond set by immigration officials. (Hernandez v. Sessions, 10/2/17)
New Edition of AILA Treatise on Immigration and Crimes Released
AILA released the seventh edition of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary E. Kramer; the book is a vital resource for any lawyer working with foreign national or naturalized citizen clients who have been charged with a crime.
NAIJ States that Performance Quotas on Immigration Judges are a Threat to Due Process
The National Association of Immigration Judges (NAIJ) opposes EOIR’s plan to evaluate immigration judges’ (IJs) using quotas, stating that quotas will have adverse effects for individuals in removal proceedings, IJs, and the backlog while also becoming “the death knell for judicial independence.”