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
Gender Affirming Language in Immigration Court
ACACIA, RMIAN, and Benach Collopy provide a primer on how gender-expansive identities can be affirmed in courtroom settings and a reference point for ensuring that people of different gender identities are respected in court.
CA2 Holds That Petitioner’s New Jersey Conviction for Distributing a Controlled Substance on or Near School Property Was Not an Aggravated Felony
Applying the categorical approach, the court concluded that the petitioner’s conviction in New Jersey for distributing a controlled substance on or near school property in violation of N.J. Stat. §2C:35-7 was not an aggravated felony under INA §101(a)(43)(B). (Stankiewicz v. Garland, 5/31/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses depending on the form being filed. These tips will help ensure that USCIS accepts an application, petition, or request package for processing.
DOJ Expands Efforts to Dismantle Human Smuggling Operations and Support Immigration Prosecutions
The DOJ announced additional efforts to dismantle and prosecute human smuggling operations and increased federal immigration-related prosecutions. To accomplish these goals, the DOJ will also increase coordination with other agencies.
AILA Executive Director Welcomes Anti-Trafficking Effort, Urges Focus on Real Threats
AILA ED Ben Johnson states DOJ’s anti-trafficking and smuggling plans are exactly where DHS and DOJ “should focus efforts to reduce crime and improve border management” but flags concerns with “the agencies’ plan to increase prosecutions of people for improper entry or re-entry after removal.”
NILA Practice Alert: Construing the Reopening Limitation in the Reinstatement Statute
NILA created a practice alert addressing Suate-Orellana v. Garland and provides two template motions based on Suate-Orellana – a motion to reconsider and a motion to reopen. These motions are Ninth-Circuit specific but can be modified for filing in cases outside the circuit.
CA8 Upholds Denial of Asylum to Bosnian Muslims Based on Lack of Nexus to Protected Ground
The court upheld BIA finding that petitioners failed to show a nexus between their protected ground and the persecution they suffered, where the BIA found they had been targeted by Serbian criminals not for being Bosniak, but for police informant activities. (Durakovic v. Garland, 5/20/24)
CA11 Holds That Florida Conviction for Lewd and Lascivious Battery Was Not an Aggravated Felony
The court held that the petitioner’s conviction in Florida for lewd and lascivious battery under the 2008 version of Fla. Stat. §800.04(4) did not constitute the sexual abuse of a minor, and was thus not an aggravated felony under the INA. (Leger v. Att’y Gen., 5/20/24)
EOIR Final Rule on Efficient Case and Docket Management in Immigration Proceedings
EOIR issued a final rule on efficient case and docket management in immigration proceedings that finalizes the 2023 proposed rule with limited changes. Rule is effective 7/29/24. (89 FR 46742, 5/29/24)
A Guide to Obtaining Release from Immigration Detention
The National Immigration Project (NIPNLG) provides a guide with a comprehensive resource for representing adult clients detained by DHS in immigration court bond proceedings, including the nuts and bolts of preparing for and representing a client during an immigration court bond hearing, and more.
BIA Holds That Controlling Circuit Law Is Not Affected by Change in Administrative Control Court
The BIA held that since choice of law is dependent on venue in immigration court proceedings, the controlling circuit law is not affected by a change in the administrative control court and will only change upon a grant of a motion to change venue. Matter of M–N–I–, 28 I&N Dec. 803 (BIA 2024)
Resources Related to the 2024 Senate Border Negotiations
On May 23, the Senate voted down (43-50) the Border Act, a bill introduced by Senator Murphy (D-CT). The Border Act includes similar immigration provisions as the February bipartisan bill he jointly wrote with Senators Lankford (R-OK) and Sinema (I-AZ).
CA1 Finds BIA Improperly Disregarded Evidence of Changed Country Conditions in Indonesia in Petitioners’ Motion to Reopen
The court held that, in reviewing the motion to reopen of the petitioners based on changed country conditions related to acts of violence directed at Christian Indonesians, the BIA discarded evidence—without considering its merits—on legally unjustifiable bases. (Tulung v. Garland, 5/21/24)
Policy Brief: Solutions for the Border and America's Immigration System
AILA presents solutions to Congress and the President to address the border and modernize America’s immigration system. With the dramatic shifts in worldwide migration sustained action is needed at the U.S. southern border to ensure the fair, fast, and orderly processing of arriving migrants.
CA1 Upholds Denial of Motion to Reopen of Christian Chinese-Indonesian Petitioners Based on Changed Country Conditions in Indonesia
The court denied the petition for review of the BIA’s second denial of reopening, finding that the BIA reasonably found that petitioners had failed to satisfy the requirements for an exception to late filing in INA §240(c)(7)(C)(ii) and 8 CFR §1003.2(c)(3)(ii). (Djokro v. Garland, 5/17/24)
DHS and DOJ to Announce “Recent Arrivals” Docket Process for More Efficient Immigration Hearings
DOJ finalizes rule on a new Recent Arrives Docket process aiming to render final decisions within 180 days for certain noncitizen single adults who attempt to cross between ports of entry at the Southwest border. The docket will operate in Atlanta, Boston, Chicago, LA, and New York City.
District Court Vacates ICE’s Unlawful “Knock-and-Talk” Policies and Practices
A federal district court in California issued an order vacating ICE’s unlawful “knock-and-talk” policies and practices, finding that they violate the Fourth Amendment and the Administrative Procedure Act (APA). (Sorto-Vasquez Kidd, et al. v. Mayorkas, et al., 5/15/24)
Senators Send Letter Urging Appropriators to Include Funding for Case Management Alternative to Detention
Senators, led by Senator Merkley, sent a letter to the subcommittee on Homeland Security Senate Committee on Appropriations requesting the committee's FY2025 proposal include $100 million for the Case Management Pilot Program (CMPP). AILA supported this request.
Featured Issue: Ensuring Legal Representation for People Facing Removal
Despite the critical role legal representation plays in ensuring fairness in removal proceedings, the law still does not guarantee the government will pay for counsel if the person is unable to afford one. AILA provides resources on ensuring legal representation for people facing removal.
CA4 Holds That Petitioner’s D.C. Conviction for Attempted Second Degree Child Sexual Abuse Qualifies Him for Removal
The court held that the Salvadoran petitioner’s conviction for attempted second-degree child sexual abuse in violation of Washington, D.C., law qualified as a removable crime of child abuse. (Marquez Cruz v. Garland, 5/14/24)
DHS NPRM on the Application of Certain Mandatory Bars in Fear Screenings
DHS notice of proposed rulemaking (NPRM) to allow asylum officers to consider the potential applicability of certain bars to asylum and statutory withholding of removal during certain fear screenings. Comments due by June 12, 2024. (89 FR 41347, 5/13/24)
AILA Submits Amicus Brief Supporting Challenge to Iowa Law
AILA filed an amicus brief in support of the Council and the ACLU in their lawsuit challenging Iowa's egregious attempt to enact and enforce its own immigration law, which would allow state authorities can imprison and deport anyone who has previously been removed from the country.
AILA Senior Director of Government Relations Shares Insights on Asylum Rule Notice
Greg Chen responds to the advance copy of the Notice of Proposed Rulemaking that would give authority to asylum officers to apply existing security and terrorism related bars during the initial screening process for credible fear.
AILA Member Receives FOIA Response and Obtains an Asylum Officer Lesson Plan
An AILA member has received a FOIA response and obtained an asylum officer lesson plan titled "Credible Fear of Persecution and Torture Determinations." The lesson is dated May 9, 2024 and covers who is subject to expedited removal and how to apply the credible fear standard.
Practice Alert: FedEx Facility in South Michigan Destroyed by Tornado
On May 7, a potential tornado destroyed a FedEx facility in Portage, in the southern part of Michigan. AILA encourages members whose filings may be affected by this issue, to send a report to reports@aila.org. Reports should include information on the affected filing.