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
CA6 Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan
The court granted the petition for review of the BIA’s denial of relief under the CAT, holding that the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. (Kamar v. Sessions, 11/17/17)
AILA Policy Brief: How Dreamer Protection Bills Measure Up
AILA Policy Brief comparing the leading bills that have been introduced to protect Dreamers, including the Dream Act (S. 1615 and H.R. 3440), the American Hope Act (H.R. 3591), the Recognizing America’s Children Act (H.R. 1468), and the SUCCEED Act (S.1852).
Video: AILA Urges Congress to Pass the Dream Act
On Tuesday, November 14, as more than 150 AILA members across the country met with congressional offices to urge them to pass a clean Dream Act, AILA members and staff met with Congressman Hoyer in DC. AILA's Executive Director shares why this movement is so important.
BIA Reverses Denial of Cancellation Where IJ Relied on Gang Allegation in Police Report
Unpublished BIA decision reverses discretionary denial of cancellation application where IJ placed undue weight on unsourced allegation in police report that respondent was an active gang member. Special thanks to IRAC. (Matter of V-A-C-, 11/15/17)
USCIS Provides Guidance on DACA Renewal Requests Affected by Mail Service Issues
USCIS stated that it will accept DACA renewal requests from individuals who resubmit their requests with individualized proof that the cause for receipt after the 10/5/17 deadline was the result of USPS mail service error. USCIS will also contact requestors who timely filed but were rejected.
Senators Urge DHS to Allow Resubmission of DACA Renewal Applications Received Past Deadline
On 11/15/17, 24 Senators wrote to Acting DHS Secretary Elaine Duke to express their concern that DHS had rejected DACA renewal applications received after the deadline due to USPS processing delays. The Senators urged that DHS reverse its decision and allow individuals to resubmit applications.
Former National Security Leaders Urge Congress to Pass the Dream Act
On 11/14/17, a group of former national security leaders from both parties urged congressional leaders to pass the bipartisan, bicameral Dream Act by 12/8/17. The group highlighted the urgent need to protect Dreamers serving in the Armed Forces and recruits waiting to start boot camp.
CA10 Finds Petitioner’s Prior Colorado Theft Conviction Was a CIMT Rendering Him Ineligible for Cancellation of Removal
The court denied the petition for review, upholding the BIA’s determination that petitioner had not shown that he was eligible for cancellation of removal, and concluding the IJ did not deprive him of due process by refusing to recuse from hearing his case. (Lucio-Rayos v. Sessions, 11/14/17)
AILA Minutes from Joint Liaison Meeting with ICE HSI and DOJ IER (11/14/17)
Unofficial minutes from the 11/14/17 meeting between the AILA Verification and Documentation Liaison Committee, ICE Homeland Security Investigations (HSI), and DOJ Immigrant and Employee Rights (IER) Section. Topics include electronic I-9s, DACA recipients, E-Verify and more.
BIA Holds Oklahoma Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm while under the influence of alcohol under Okla. Stat. tit. 21 §1289.9 was not a firearms offense because it contained no exception for antique firearms. Special thanks to IRAC. (Matter of Martinez-Guzman, 11/13/17)
National ICE Council Sends Letter to President Trump on Gross Mismanagement
National ICE Council President Chris Crane sent letter to President Trump asking him to “step in to assist the men and women of ICE in our efforts to eliminate corruption and gross mismanagement within the Agency.”
Manufacturers Call on Congress to Protect DACA Recipients
On 11/13/17, the National Association of Manufacturers, along with over 30 organizations from the manufacturing industry from around the country, urged Congress to pass legislation to assure DACA recipients that their future is safe.
Getting Through the Reinstatement Maze
It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice the government can mistakenly apply it or fail to ensure safeguards are taken to pr
A Profile of Current DACA Recipients by Education, Industry, and Occupation
The Migration Policy Institute provides a fact sheet that examines predicted DACA expirations, as well as offers estimates for the educational and workforce characteristics of the nearly 690,000 current DACA holders.
Fearless Lawyering: Winning Strategies – A View from the Bench
Listen to this recording from the 2017 California Chapters Conference where recently retired immigration judges offer their perspectives to help lawyers successfully navigate some of the thornier issues that can arise in immigration court and be the best advocates for their clients.
Border Patrol Arrests Former DACA Recipient
CBP announced that the El Centro Sector Border Patrol arrested a 23-year-old man, who according to CBP, is a Mexican citizen who was previously removed after he was arrested attempting to illegally enter the United States. He was booked pending charges of re-entry after removal.
CA5 Rejects Lack of Notice and Due Process Claims Where Petitioner Failed to Provide DHS with Current Mailing Address
The court held that the BIA did not abuse its discretion in dismissing the petition for review and declining to administratively close the case, and that it lacked jurisdiction to review the BIA's refusal to reopen proceedings sua sponte. (Hernandez-Castillo v. Sessions, 11/8/17)
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)
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.
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
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.
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)
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.