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
District Court Orders Release of “Operation Indonesian Surrender” Foreign National Pursuant to Preexisting Order of Supervision
The court ruled that ICE did not follow its own regulations, and that it denied due process to foreign national who did not violate any condition of his release but was not given opportunity to prepare for orderly departure as provided in release notification. (Rombot v. Souza, 11/8/17)
On Immigration, It’s Time to Start Listening to Each Other
When it comes to civil dialogue, we are living in a low moment in our nation's history. Honest debates that yield real solutions to our common problems seem like a quaint notion—and that disturbs me. As the executive director of the American Immigration Lawyers Association, an organization of 15,000
Op-Ed Framework on the Need for Congress to Pass the Dream Act
AILA members can use this framework as a starting point for a longer opinion piece for their local paper on the need to pass the Dream Act before the holidays as part of the #AILAStandswithDreamers Campaign. Please email newsroom@aila.org if you have questions about using this framework.
CA9 Finds Petitioner’s “Wave Through Entry” Was an “Admission in Any Status” Under INA §240A(a)(2)
The court held that the term “in any status” under INA §240A(a)(2) plainly encompasses every status recognized by immigration statutes, lawful or unlawful, and therefore found that the petitioner was statutorily eligible for cancellation of removal. (Saldivar v. Sessions, 11/7/17)
Three-Part Video Series on Fearless Lawyering with Retired Immigration Judges
Produced by the Justice Campaign, retired Immigration Judge Hon. Eliza Klein joins Hon. Paul Wickham Schmidt, Hon. William P. Joyce, and Hon. Sarah Burr to discuss effective fearless lawyering tactics, including arguing for discretion, perfecting the record for appeal, and motions to suppress.
CA7 Finds BIA Erred in Construing the Fraud Waiver Under INA §237(a)(1)(H)
The court held that BIA erred when it treated the absence of a specific fraud charge as dispositive over the availability of a fraud waiver, finding that BIA should have instead considered whether the charge sustained against the petitioner was related to fraud. (Acquaah v. Sessions, 11/6/17)
NIJC and Immigrant Rights Advocates Demand Civil Rights Investigation into ICE Raids that Targeted Sponsors of Unaccompanied Children
Eight immigrant rights organizations filed a complaint with DHS OIG and Office of Civil Rights and Civil Liberties on behalf of some of the 400 people detained in raids during the summer of 2017 that used unaccompanied children to identify and target their relatives living in the United States.
EOIR Swears in Seven Immigration Judges
EOIR announced the investiture of seven new immigration judges. Attorney General Jeff Sessions appointed Marcos Gemoets, Bridget Virchis, Jeremiah Johnson, Yvonne S. Gonzalez, Ilyce S. Shugall, Cynthia A. Lafuente-Gaona, and Dinesh C. Verma to their new positions.
USCIS Provides Data on DACA Renewals by Month as of November 2, 2017
USCIS provided data on active DACA recipients as of September 4, 2017, by month that the validity expires and the status of the associated renewal as of November 2, 2017.
USCIS Provides Data on Active DACA Recipients as of September 4, 2017
USCIS provided data on active DACA recipients as of September 4, 2017, by month that the validity expires and the status of the associated renewal as of November 2, 2017.
BIA Says IJs Lack Authority to Terminate Removal Proceedings to Allow Noncitizens to Present Asylum Claims to DHS
The BIA held that an immigration judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to DHS in the first instance. Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
CBP Announces First-Time Immigration Violators Face Criminal Charges
CBP is presenting undocumented border crossers to the United States Attorney’s office for criminal prosecution of first-time illegal border crossers apprehended in Nogales, Arizona. In October 2017, more than 200 people arrested in the Nogales corridor were found amenable for prosecution.
DOJ’s Immigration Court Practice Manual (Updated on 11/2/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. Chapters 3.1(b) and 5.12, as well as Chapter 5.10(c), were updated.
AILA Policy Brief: Building America’s Trust Act
AILA provides a policy brief on a few of S. 1757, the Building America’s Trust Act, most troubling provisions. This bill was introduced by Senator John Cornyn (R-TX) and is a heavy-handed, enforcement-driven bill that is unnecessary, cruel, and expensive.
AILA Quicktake #222: ICE Liaison Committee Update
Chair of the AILA ICE Liaison Committee Heather Prendergast provides updates from the October 2017 meeting with ICE, including information on guidance memos and prosecutorial discretion.
AILA Quicktake #223: #AILAStandsWithDreamers Fall Campaign
AILA Director of Government Relations Greg Chen provides a congressional update on the Dream Act and shares how you can get involved in the #AILAStandsWithDreamers campaign November 13-17, 2017.
USCIS Provides Data on DACA Terminations Related to Criminal and Gang Activity
USCIS provided data on DACA terminations related to gang membership or affiliation, convictions or arrests unrelated to gang activity, and convictions or arrests of gang members or affiliates. Data is provided by fiscal year for FY2013-FY2017.
BIA Reopens Proceedings Sua Sponte to Seek 212(h) Waiver
Unpublished BIA decision reopens proceedings sua sponte for respondent ordered removed in 1998 in light of intervening case law holding aggravated felony bar in 212(h) does not apply to applicants who adjusted to LPR status. Special thanks to IRAC. (Matter of Zheleznyak, 11/1/17)
IJ Performance Quotas: A Threat to Due Process and Judicial Independence
On October 12, 2017, the Washington Post reported that the Trump administration seeks to impose numeric quotas on immigration judges as part of their performance evaluations. Speeding up deportation proceedings without regard to the impact on due process and judicial independence is an affront to th
BIA Terminates Proceedings Based on Harbin v. Sessions
Unpublished BIA decision reopening and terminating proceedings arising out of New York controlled substance conviction (NYPL 220.06(1)) based on Second Circuit decision of Harbin v. Sessions, which found that the statute was indivisible and overbroad. Courtesy of Michael Goldman.
CA5 Holds That Misprision of a Felony Is a CIMT
The court denied the petition for review, holding that misprision of a felony under 18 USC §4 is categorically a crime involving moral turpitude (CIMT). (Villegas-Sarabia v. Sessions, 10/31/17)
AILA Statement to House Judiciary Committee on EOIR Oversight
On 10/31/17, AILA joined NGOs and submitted a statement to the House Judiciary Committee, Immigration and Border Security Subcommittee for a hearing on 11/1/17 titled “Overview of the Executive Office for Immigration Review.”
Immigration Court Filings Take Nose Dive, While Court Backlog Increases
TRAC found that as of the end of September 2017, the pace of DHS-issued notices to appear initiating proceedings in Immigration Court are substantially down since President Trump assumed office. This is surprising since ICE states that its apprehensions were reportedly up during this same period.
DHS Needs a More Unified Approach to Immigration Enforcement and Administration
OIG conducted an audit to determine whether DHS fosters collaboration and department-wide efforts to enforce and administer immigration law and policy. It found that without a more unified approach, DHS will continue to allow vulnerabilities that may affect national security and public safety.
Fearless Litigation: Iraqis with Final Removal Orders (October 2017)
Russell Abrutyn sits down with Margo Schlanger to discuss litigation on behalf of Iraqis with final removal orders who have been arrested and detained by ICE. Learn how you might be able to join this effort to defend them from deportation or how you can give voice to the voiceless in your community.