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
Section by Section of the Dream Act of 2017
Section-by-section of the Dream Act of 2017, a bipartisan bill introduced by Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL).
CA7 Finds Petitioner’s Illinois Conviction for Possessing Between 30 and 500 Grams of Marijuana Is Not an Aggravated Felony
The court held that the BIA misapplied the U.S. Supreme Court’s decision in Moncrieffe v. Holder when it characterized the petitioner’s conviction under ILCS §550/5(d) for possessing between 30 and 500 grams of marijuana as an aggravated felony. (Chen v. Sessions, 7/20/17)
There’s Always More to Learn
When I first began practicing law, I thought I knew everything I could ever need to know about immigration. I'd been a business immigration paralegal for several years before law school and had learned a lot about nonimmigrant visas and employment-based green cards. I'd assisted with processing th
ICE Arrests 400th Foreign Fugitive in FY2017
ICE announced that it conducted its 400th foreign fugitive arrest in FY2017. According to ICE, the majority of FY2017’s 400 foreign fugitive arrests took place in New York, New Jersey, California, Florida, Arizona, and Texas.
An Obscure Trump Administration Policy that Needlessly Harms Americans
Laws often have unintended consequences. Sometimes, good government officials adopt interpretations of the law designed to mitigate those unintended consequences. But sometimes, the most anti-immigrant politician in recent memory directs his subordinates to adopt policies that undermine those mitiga
Sign-On Letter Calling on Congress to Oppose ICE’s Funding Request
On 7/18/17, AILA joined nearly 200 other organizations in urging members of Congress to oppose ICE’s 6/30/17 request for a reprogramming of funds to cover detention costs for the remainder of FY2017.
USCIS Provides PowerPoint Presentations from NSC Stakeholder Open House
USCIS provides the PowerPoint presentations from the Nebraska Service Center (NSC) open house on 7/18/17. USCIS discussed the types of cases processed at NSC, DACA requests, and the production of travel and employment authorization documents, as well as Form I-9, E-Verify, and the SAVE program.
BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17)
BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing
Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17)
BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime
Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17)
TRAC Data Shows Immigration Court Dispositions Drop 9.3 Percent Under Trump
The Transactional Records Access Clearinghouse (TRAC) found that Immigration Court dispositions have dropped by 9.3% since President Trump took office. Changes such as shifting judge assignments, revised case processing priorities, and the termination of PD closures, caused the decline.
CAPAC Chair Condemns Proposal to Fund Border Wall and Mass Deportation Force
On 7/17/17, Chair Judy Chu (D-CA) of the Congressional Asian Pacific American Caucus (CAPAC) urged her colleagues to reject the House Homeland Security Appropriations Bill for FY2018, which would create a mass deportation force, build a border wall, and tear families apart.
Congressional Hispanic Caucus Urges Appropriators to Reject Increasing DHS Funding
On 7/17/17, the Congressional Hispanic Caucus (CHC) urged House Appropriators to reject increased funding for ICE and CBP, in particular increased funding for immigration detention and ICE and Border Patrol agents.
One Road to Immigration Law
True confession: I did not take immigration law in law school and I took Latin as my foreign language class. AILA members, reading that, I'm sure you just groaned. But the fact was, I did not become an attorney to practice immigration law. About 20 years ago though, my life took a happy turn and [&
NARA Notice of Agency Records Schedules Including ICE Document Destruction Proposal
National Archives and Records Administration (NARA) notice and request for comments with proposed records schedules from agencies, including an ICE proposal to destroy several types of records related to detainees, including records on sexual abuse and deaths while in custody. (82 FR 32585, 7/14/17)
BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17)
SPLC: Barriers to Legal Representation Continue at Stewart Detention Center
On 7/13/17, the Southern Poverty Law Center sent a letter to ICE and the Stewart Detention Center requesting immediate action, as current policies and practices “unjustifiably obstruct the availability of professional representation or other aspects of the right of access to the courts.”
EOIR Swears in New Immigration Judge
The Executive Office for Immigration Review (EOIR) announced the investiture of a new immigration judge, James M. McCarthy. Mr. McCarthy will serve in the New York City immigration court and previously worked at ICE.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 7/1/17 and ending 9/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.92 per centum per annum. (82 FR 32444, 7/13/17)
CA11 Finds Nicaraguan Petitioner Did Not Make a Misrepresentation on His Adjustment Application
The court held that because the petitioner had not been confined in a prison but rather was detained in a rebel-controlled trailer in the jungle, he did not make a misrepresentation on his application to adjust his status to that of a lawful permanent resident. (Alfaro v. Att’y Gen., 7/13/17)
IJ Finds Respondent Did Not Establish Eligibility for Cancellation
Immigration judge found that the respondent had not met his burden of demonstrating by clear and convincing evidence that he has not been convicted of violating any law or regulation relating to a controlled substance (as defined in section 802 of Title 21). (Matter of Redacted, 7/12/17)
Representative Roybal-Allard's Statement Opposing FY2018 Homeland Security Appropriations Bill
On 7/12/17, Ranking Member of the House Homeland Security Appropriations Committee, Lucille Roybal-Allard (D-CA), issued a statement opposing the committee’s markup of the House Homeland Security Appropriations Bill for FY2018.
House Appropriations Committee Gives Trump Administration Blank Check to Implement Mass Deportation Plan
AILA strongly opposes the funding bill released by the House Appropriations Committee, which would massively increase immigration enforcement and border spending at a time when border apprehensions have plummeted and ICE and CBP funding is already at all-time high levels.
H.R.3355: Department of Homeland Security Appropriations Act of 2018
On 7/11/17, the House Appropriations Committee introduced the Homeland Security Appropriations Bill for FY2018, which would provide funds to hire more ICE law enforcement agents, Border Patrol agents, and increase the number of detention beds.
CA7 Finds Adverse Credibility Finding Against Moldovian Asylum Applicant Was Arbitrary and Capricious
The court granted the petition for review and remanded, holding that discrepancies in petitioner’s testimony on which the IJ relied were so trivial or illusory as to give the court no confidence in her analysis or in the BIA’s decision resting on that analysis. (Cojocari v. Sessions, 7/11/17)