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
CA2 Finds There Is No Duress Exception to the “Material Support Bar”
The court joined several other circuits in holding that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not except individuals who acted under duress. (Hernandez v. Sessions, 2/28/18)
Supreme Court Holds That INA §§235(b), 236(a), and 236(c) Do Not Entitle Noncitizens in Prolonged Immigration Detention to Bond Hearings
The Supreme Court reversed the judgment of the Ninth Circuit Court of Appeals and remanded, holding that INA §§235(b), 236(a), and 236(c) do not give detained noncitizens the right to periodic bond hearings during the course of their detention. (Jennings v. Rodriguez, 2/27/18)
EOIR Final Rule Expanding the Size of the BIA to 21
EOIR final rule adding four additional Board member positions to the BIA, thereby expanding its size to 21. The rule is effective 2/27/18. (83 FR 8321, 2/27/18)
SCOTUS Jennings Decision Won’t Be the Last Word on Bond Hearings for Immigrants
AILA reacted to and explained today’s Supreme Court decision in Jennings v. Rodriguez; AILA President Annaluisa Padilla emphasized that the decision “does not mean that immigrants may be detained indefinitely and it does not mean that prolonged detention is constitutional.”
AILA Quicktake #236: Jennings v. Rodriguez Ruling
The Supreme Court ruled in Jennings v. Rodriguez that detained immigrants have no automatic right to bail. Jeremy McKinney, AILA Secretary, shares details and discusses the impact of this decision.
Fearless Litigation: Psychological Evaluations - How They Help Your Case and How to Obtain Them (February 2018)
Zachary Nightingale talks with Holly Cooper, Katie Shepherd, and Dr. Alan Shapiro about the importance of the procurement and use of mental health status evaluations in immigration court, especially for detained clients.
District Court Judge Orders Bond or Joseph Hearings for Individuals in Withholding-Only Proceedings in Virginia
A federal district court judge in Virginia issued an opinion and order certifying a class of petitioners and directing the government to provide bond or Joseph hearings to individuals detained in withholding-only proceedings in Virginia. (Cabrera Diaz v. Hott, 2/26/18)
California District Court Enjoins Termination of an Individual’s DACA Status Without Notice
A federal district court in California issued an order preliminarily enjoining the government from terminating an individual’s DACA status without notice, a reasoned explanation, and an opportunity to be heard. (Inland Empire – Immigrant Youth Collective v. Nielsen, 2/26/18)
IJ Finds Respondent Established Persecution on Perceived LGBTI Identity
In an unpublished decision, the IJ granted the respondent’s application for asylum, finding he established that he suffered persecution on account of his perceived LGBTI identity and the Guatemalan government is unable to control his persecutors. Courtesy of Brian Blackford.
OPLA to Open Office in Louisville, Kentucky
The Office of the Principal Legal Advisor (OPLA) announced it will open an office in Louisville, Kentucky. This office will be under the responsibility of the Chicago Chief Counsel. The physical office will not open until late May or early June 2018, correspondence can be received beginning 4/2/18.
EOIR To Open Immigration Court in Louisville, Kentucky
EOIR announced that it will open an immigration court in Louisville, Kentucky, on April 2, 2018. Notice includes contact information and hours of operation.
BIA Finds Misprision of Felony Is a CIMT
The BIA dismissed the appeal, finding that misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude (CIMT) and reaffirmed the holding in Matter of Robles. Matter of Mendez, 27 I&N Dec. 219 (BIA 2018)
CA2 Holds That BIA’s Interpretation of REAL ID Act Was Entitled to Chevron Deference
The court held that the BIA’s interpretation of the REAL ID Act as not requiring an IJ to give a petitioner an opportunity to submit additional evidence when the IJ concludes that corroborating evidence is required was entitled to Chevron deference. (Sun v. Sessions, 2/23/18)
BIA Holds California Child Abuse Statute Not a CIMT
Unpublished BIA decision holds that child abuse under Cal. Penal Code 273a(a) is not a CIMT because it only requires a mens rea of negligence and can be violated by conduct that is believed in good faith to be in the child’s best interest. Special thanks to IRAC. (Matter of Torres, 2/22/18)
BIA Rejects DHS Request to Overrule Matter of Cota
Unpublished BIA decision rejects DHS request that it overrule Matter of Cota, 23 I&N Dec. 849 (BIA 2005), over dissent of Member Garry Malphrus. Special thanks to IRAC. (Matter of Madrigal, 2/22/18)
USCIS Provides Information and FAQs on the DACA January 2018 Preliminary Injunction
USCIS provides guidance and FAQs on the preliminary injunctions issued by district courts on the Deferred Action for Childhood Arrivals (DACA) program. USCIS is not accepting new requests but is accepting renewal requests and operated on the terms in place before the program was rescinded on 9/5/17.
HHS Notice of Intent to Fund 450 Additional Beds to Keep Unaccompanied Children in Custody
HHS (Department of Health and Human Services) notice of intent to provide $15,000,000 of funding for 450 beds to keep unaccompanied children in custody. (83 FR 7726, 2/22/18)
DHS OIG Finds ICE Did Not Follow Federal Procurement Guidelines When Contracting for Detention Services
DHS OIG found that In September 2014, ICE improperly modified an existing service agreement with the City of Eloy in Arizona to establish the 2,400-bed South Texas Family Residential Center in Dilley, Texas, more than 900 miles away. ICE believes that its modification were proper.
Congressional Report: Economic Impact of DACA – Spotlight on Small Business
On 2/21/18, the Democrats of the Committee on Small Business Committee published a report on the economic impact of DACA. The report demonstrates the important role that DACA recipients play in macroeconomic contributions, tax contributions, consumer spending power, and entrepreneurship.
BIA Finds IJ Properly Considered Applicant’s Border Interview in Making Credibility Determination
The BIA dismissed the appeal, stating that when considering a border or airport interview in making a credibility determination, an IJ should assess the accuracy and reliability of the interview based on the totality of the circumstances. Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)
CA11 Holds That Petitioner’s Florida Drug Trafficking Conviction Was Categorically Not an Aggravated Felony
The court held that Florida Statutes §893.135(1)(c)1. (2007), which criminalized various narcotics offenses, was indivisible and categorically overbroad, and therefore a conviction under that statute cannot qualify as an aggravated felony under the INA. (Cintron v. Attorney General, 2/20/18)
American Immigration Council Submits Amicus Brief on Administrative Closure
The American Immigration Council, with other immigrant rights organizations, submitted an amicus brief in the Matter of Castro-Tum. In this case, Attorney General Sessions referred to himself questions related to administrative closure.
BIA Declines to Consider Interlocutory DHS Appeal Challenging Three-Month Continuance
Unpublished BIA decision declines to consider interlocutory DHS appeal of decision continuing proceedings from November 2017 to February 2018. Special thanks to IRAC. (Matter of Concha, 2/16/18)
BIA Rescinds In Absentia Order for Respondent Whose Car Broke Down En Route to Hearing
Unpublished BIA decision rescinds in absentia order under totality of the circumstances against respondent who had appeared at 15 prior hearings and whose car broke down en route to his final hearing. Special thanks to IRAC. (Matter of Gudiel, 2/16/18)
ICE Announces LA Operation Resulting in 212 Arrests and 122 NOIs
ICE announced that deportation officers and special agents arrested 212 individuals for violating federal immigration laws and served 122 notices of inspection (NOIs) to businesses in the Los Angeles “area of responsibility” during a five-day targeted operation.