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
TN Attorney General Calls on Senators to Support the Dream Act
On 9/1/17, Tennessee Attorney General, Herbert Slatery, wrote to Senator Lamar Alexander (R-TN) and Senator Bob Corker (R-TN), stating that he will not sue over DACA, and urges the senators to take legislative action to protect Dreamers.
ICE Handbook for Handling Minors Encountered by DHS
ICE’s Juvenile and Family Residential Management Unit created an operational guide for Field Office Juvenile Coordinators, to be used in processing, transporting, managing, and removing minors encountered by DHS. The handbook was found in the court files of a lawsuit brought by the NIJC.
BIA Holds California Joyriding Statute Is Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that unlawful taking and driving of a vehicle under Cal. Veh. Code 10851(a) isn’t an aggravated felony theft offense because it applies to accessories after the fact in addition to principals and accomplices. Special thanks to IRAC. (Matter of E-J-H-C-, 9/1/17)
EOIR Provides Strategic Communications Plan for FY2017
In response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided it Strategic Communications Plan for FY2017, which was issued to EOIR personnel on 9/1/17. The plan includes a five-phase approach and calls for quarterly review and updating.
CA5 Upholds BIA’s Determination That Probationary Confinement in Substance Abuse Facility Constituted “Term of Imprisonment”
The court held that the BIA did not err in finding that a sentence of up to one year in a substance-abuse felony punishment facility as a condition of community supervision constituted a “term of imprisonment” under INA §101(a)(48)(B). (Calvillo Garcia v. Sessions, 8/31/17)
Representatives Espaillat and Kilhuen Urge President Trump to Reconsider DACA Decision
On 8/31/17, Representatives Adriano Espaillat (D-NY) and Ruben J. Kihuen (D-NV) wrote a letter to President Trump urging him to reconsider his decision to end DACA.
AILA Quicktake #213: DACA, SB 4, and Congressional Preview
AILA Director of Government Relations Greg Chen shares the latest on DACA, explains what the SB 4 injunction means, and looks at what to expect next week when Congress is back in session.
TRAC Data Shows Immigration Court Backlog Climbs to 617,527 Cases
TRAC provided data showing that as of the end of July 2017, the Immigration Court's backlog continued to rise, reaching an all-time high of 617,527. For the first time, individuals with pending cases from El Salvador surpassed the numbers from Mexico in the court's pending workload.
TRAC Report Compares Use of ICE Detainers: Obama vs Trump
The latest TRAC data on ICE detainers reveals that detention began to increase last year, well before the 2016 election or inauguration of Donald Trump. Once President Trump assumed office, detainer usage rose more rapidly.
Settlement Reached Regarding Certain Individuals Found Inadmissible Due to Executive Order 13769
A settlement agreement was reached that requires the government to send letters to certain individuals found inadmissible solely due to EO 13769 and to coordinate the processing of new visa applications for those identified who wish to return to the U.S. (Darweesh v. Trump, 8/31/17)
Statement on People Impersonating ICE Officials in Houston
ICE reports that they have received reports that people are impersonating HSI special agents and knocking on doors in the Houston area, telling residents to evacuate. During Hurricane Harvey relief efforts, ICE is not conducting immigration enforcement operations in the affected area.
CA9 Says IJ Erred in Failing to Determine Whether Safeguards Were Needed After Petitioner Showed Signs of Mental Incompetency
The court granted the petition for review of the BIA’s denial of the petitioner’s asylum claims, holding that the IJ erred by failing to determine whether procedural safeguards were required after the petitioner showed signs of mental incompetency. (Campos Mejia v. Sessions, 8/29/17)
Winning Cases – Good for the Client and the Attorney
Fighting the government is a time-honored tradition for removal attorneys, and often a motivation for joining this field, right?? None of us daydreamed in law school of triumphantly signing joint motions to terminate without prejudice to pursue adjustment of status. Nonetheless, successful practice
CA3 Says Procedural Requirements in 8 CFR §1003.2(c) Apply to Motions to Reopen Involving CAT Protection
The court denied the petition for review, holding that the 90-day time bar contained in 8 CFR §1003.2(c) applies to motions to reopen removal proceedings based on a request for withholding of removal under the Convention Against Torture. (Bamaca-Cifuentes v. Att’y Gen., 8/29/17)
DOJ Extension of Comment Period on Proposed Revisions to Form EOIR-56
DOJ 30-day extension of comment period on proposed revisions to Form EOIR-56, Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings, which EOIR seeks to replace with an electronic system. Comments are now due 9/28/17. (82 FR 41056, 8/29/17)
ICE Issues Updated Guidance on the Detention and Removal of Undocumented Parents or Legal Guardians
ICE issued updated guidance regarding the detention and removal of undocumented parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. Guidance superseded August 2013 parental interests memo.
BIA Recognizes PSG Involving Indigent Mexicans with Mental Illness
Unpublished BIA decision holds that “indigent Mexicans without familial support and with chronic and perceptible mental illness involving psychosis” is a cognizable particular social group (PSG). Special thanks to IRAC. (Matter of E-D-H-, 8/29/17)
BIA Rescinds In Absentia Order Against Respondent Who Was in Waiting Room
Unpublished BIA decision rescinds in absentia order against respondent who was in the waiting room at the time he was ordered removed by an IJ who was still on the bench when the respondent entered the courtroom. Special thanks to IRAC. (Matter of Singh, 8/25/17)
ICE/CBP Joint Message Regarding Law Enforcement During Hurricane Harvey
ICE and CBP released a statement regarding their practices in light of Hurricane Harvey. Border Patrol plans to keep checkpoints operational, contrary to past precedent.
Practice Pointer: DACA Under Threat
The DACA program is currently in jeopardy due to two looming legal threats – U.S. v. Texas and Arizona Dream Act Coalition v. Brewer. This practice pointer explains the uncertainty surrounding the program under the Trump administration and these legal threats.
CA3 Grants Withholding of Removal to Honduran Petitioner on Account of Political Opinion
Based on the entire record, the court granted withholding of removal to the petitioner, finding that it was more likely than not that the petitioner’s life or freedom would be threatened in Honduras on account of his political opinion. (Mendoza-Ordonez v. Att’y Gen., 8/23/17)
CA9 Finds Petitioner Convicted Under California Penal Code §182(a)(1) Is Ineligible for Cancellation Based on Inconclusive Record
The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17)
Letter from ICE to NIJC Regarding Detention Expansion
On 8/23/17, ICE Acting Director Thomas Homan responded to a sign-on letter on the expansion of immigration detention. ICE states that it has proposed revisions to detention standards and inspection regime to “allow access to a greater number of existing facilities with available detention capacity.
Webinar on Representing Stateless Persons Before U.S. Immigration Authorities
The UN Refugee Agency provides a webinar, co-hosted with Benach Collopy LLP, on empowering immigration lawyers to recognize when a U.S.-based client is stateless and how to zealously represent such clients and the unique challenges and potential eligibilities in the immigration context.
Republican Members of Congress Call on the President To Protect Dreamers
On 8/22/17, six Republican members of Congress called on President Trump to maintain the protections of the Deferred Action for Childhood Arrivals (DACA) program for the current recipients. They also called on the President to support the Recognizing America’s Children Act (H.R. 1468).