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
Social Security Administration Notice of New Matching Program with DHS
Social Security Administration notice of a new matching program that SSA is conducting with DHS under which DHS will provide information to SSA on certain noncitizens who leave the U.S. voluntarily or who are removed from the United States. (82 FR 49920, 10/27/17)
Documents Relating to Washington State and Minnesota Challenge to Executive Order Targeting Muslims and Refugees
The district court issued an order staying its consideration of the states’ 10/11/17 motion for a temporary restraining order. (Washington v. Trump, 10/27/17)
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.
AILA Member Talking Points for Congressional Visits on Dream Act
AILA members are encouraged to use these talking points when meeting with members of Congress on the need to pass the bipartisan, bicameral Dream Act (S. 1615 / H.R. 3440).
APBCo Expresses Concerns Regarding Implementation of Quotas on IJs
The Association of Pro Bono Counsel (APBCo) submitted a letter on 10/26/17 to members of Congress expressing concern over DOJ’s plans to impose case completion quotas on immigration judges, noting the negative impact of rushed hearings on due process in immigration proceedings.
ICE Provides Information on the LaSalle ICE Processing Center
ICE provided background information on the LaSalle ICE Processing Center, which opened in 2007. LaSalle is located in Jena, Louisiana and is a dedicated ICE detention center with a maximum capacity of 1,320 beds. EOIR adjudicates immigration cases at the facility.
BIA Reopens Proceedings Sua Sponte in Light of Supreme Court Decision
Unpublished BIA decision reopens proceedings sua sponte where unlawful sexual intercourse with a minor under Calif. Penal Code 261.5(c) was no longer sexual abuse of a minor under Esquivel-Quintana v. Sessions. Special thanks to IRAC. (Matter of Lopez Mazariegos, 10/26/17)
Senators Seek Clarity from DHS on Sharing DACA Information with ICE
On 10/25/17, Senators Kamala Harris (D-CA), Bob Menendez (D-NJ), Dick Durbin (D-IL), and 39 other senators sent a letter to Acting DHS Secretary Elaine Duke, demanding clarity on the use of DACA recipients personal information for enforcement purposes. The senators requested a response by 11/8/17.
Deposition of Associate Director, Family Division at the Vermont Service Center
A deposition of Associate Director Timothy Smith of the VSC’s Family Division. The deposition includes information concerning the time required to adjudicate I-130 petitions, as well as Adam Walsh Act cases. Courtesy of Matthew Hoppock.
BIA Defines Term “Rape” and Discusses Ohio “Substantial Impairment” Standard
The BIA finds that the term “rape” in INA §101(a)(43(A) encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight, and also requires that the underlying act be committed without consent. Matter of Keeley, 27 I&N Dec. 146 (BIA 2017)
774 Colleges and Universities Urge Congress to Protect Dreamers
On 10/19/17, the American Council on Education sent a letter on behalf of 774 colleges and universities to congressional leaders urging them to pass legislation to protect Dreamers.
BIA Finds Respondent Eligible for 237(a)(1)(H) Waiver
Unpublished BIA decision holds that respondent was eligible to seek a waiver under INA §237(a)(1)(H) for committing fraud when adjusting status despite also being inadmissible for committing fraud during admission as a nonimmigrant. Special thanks to IRAC. (Matter of J-B-, 10/19/17)
Temporary Protected Status for Sudanese Ending – Dust Off Those Case Files
Last month the administration announced the termination of Temporary Protected Status (TPS) for Sudan, effective November 2, 2018. The September 18 announcement stated that Acting Secretary of Homeland Security Elaine Duke had “determined that conditions in Sudan no longer support its designation,&#
NAIJ Expresses Concerns Regarding Implementation of Quotas on IJs
The National Association of Immigration Judges (NAIJ) submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt immigration judges from performance reviews, noting ALJs are already exempt because quotas are “antithetical to judicial independence.”
ICE Arrests Five Individuals with Pending Charges in New York After Detainers Were Not Honored
ICE arrested five individuals with pending charges in the New York City area after detainers filed by ICE were not honored. ICE states that since January 2017, 70 percent of the ICE arrests have been comprised of convicted criminals.
CA7 Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application
The court dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). (Asentic v. Sessions, 10/17/17)
CA8 Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status
The court held that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. (Abuya v. Sessions, 10/17/17)
BIA Rescinds In Absentia Order Due to Mistaken Advice from Attorney’s Assistant
Unpublished BIA decision rescinds in absentia order where respondent failed to appear because her attorney’s legal assistant mistakenly told her that the IJ would order a change of venue. Special thanks to IRAC. (Matter of Xue, 10/17/17)
BIA Finds That Criminally Negligent Homicide Under New York Law Is Not a CIMT
The BIA held that negligent homicide in violation of Section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state. Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)
TRAC Report Demonstrates Who Is Represented in Immigration Court
TRAC examined how the odds of representation varies with the particular court and hearing location, the nationality and custody status of the immigrant, and the length of time the person has been in the U.S. Cases are followed so the ultimate outcome of each case.
BIA Says Noncitizen with Any Prior Admission as an LPR Is Ineligible for INA §212(h) Waiver
The BIA held that a noncitizen “has previously been admitted to the United States” as an LPR within the meaning of INA §212(h) if he or she was inspected, admitted, and physically entered the country as an LPR at any time in the past. Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
CA7 Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony
The court held that the LPR petitioner’s conviction for being in possession of a weapon in violation of 720 ILCS 5/24–1.1(a) did not qualify as an aggravated felony, because Illinois’s definition of a firearm is broader than its federal counterpart. (Rodriguez-Contreras v. Sessions, 10/12/17)
Attorney General Jeff Sessions Delivers Remarks to EOIR
Attorney General Jeff Sessions delivers remarks to EOIR on asylum reform, stating that EOIR should impose penalties for baseless or fraudulent asylum applications, expand expedited removal, increase the standard of proof in credible fear interviews, and more.
AILA: Trump Administration Erodes Integrity and Fairness in Immigration Courts
AILA strongly opposes the Trump administration’s plans to impose numeric quotas on immigration judges in order to speed up deportations which threatens the integrity of the immigration court system and the independence of the judicial branch.
AILA Policy Brief: Imposing Numeric Quotas on Judges Threatens the Independence and Integrity of Courts
AILA policy brief on DOJ and EOIR plans to use numeric case completion quotas to evaluate each immigration judge’s performance, and why this unprecedented effort to compel judges to finish cases under stricter deadlines infringes on due process protections.