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
DOJ Announces Anti-Sanctuary City Language Required for Participation in Public Safety Partnership Program
The Department of Justice announced that, in order to participate in the Public Safety Partnership (PSP) program, local jurisdictions must answer questions that “show a commitment to reducing crime stemming from illegal immigration.” Twelve locations were initially selected for the program.
BIA Says Asylum Grantee Who Adjusts to LPR Status Under INA §209(b) Terminates His or Her Asylee Status
The BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)
Advocates File Amicus Brief with BIA on the Modified Categorical Approach and CIMTs
Responding to an amicus invitation, AILA, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild filed a brief taking the position that the BIA should not depart from the categorical approach when analyzing reprehensibility element of the CIMT analysis.
Motions to Suppress in Removal Proceedings: A General Overview
This American Immigration Council practice advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by CBP
This American Immigration Council practice advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by CBP officers, including factual scenarios that may give rise to successful motions to suppress evidence.
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations
This American Immigration Council practice advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
DOJ Releases Updated Information on Incarcerated Foreign-Born Inmates
DOJ released updated information on incarcerated foreign-born inmates, stating that as of 6/24/17, out of the 187,855 inmates in Bureau of Prisons custody, 42,034 are foreign-born. Of those, 47% have received final orders of removal and 50% are under ICE investigation for possible removal.
Democratic House Members Call on the President to Protect Dreamers
On 8/1/17, Representative Raul Grijalva (D-AZ) along with a group of 154 House Democrats called on President Trump to maintain and legally defend the Deferred Action for Childhood Arrivals (DACA) program.
EOIR Relocates New Orleans Immigration Court
EOIR will temporarily close its New Orleans Immigration Court on 8/16/17 to prepare for relocation. The Immigration Court will recommence hearings at the new location on 8/22/17. Contact information for the new location included.
CA7 Finds Conviction upon Which Petitioner’s FARO Was Based Was Not an Aggravated Felony
The court granted the petition for review, finding that petitioner’s 2000 conviction for providing false information to the police upon which his Final Administrative Removal Order (FARO) was based was not properly classified as an aggravated felony. (Victoria-Faustino v. Sessions, 8/1/17)
CA5 Finds Petitioner’s Motion to Reopen Filed Outside 90-Day Limitations Period Not Entitled to Equitable Tolling
The court denied the petition for review, holding that the petitioner failed to meet her burden of showing that equitable tolling applied, and that the BIA did not abuse its discretion in finding that her motion to reopen was untimely. (Gonzalez-Cantu v. Sessions, 8/1/17)
UNHCR: Representing Stateless Persons Before U.S. Immigration Authorities
The UN Refugee Agency provides a legal practice resource to empower 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.
USCIS Provides Data on DACA Recipients in the Military
USCIS provided data on DACA recipients serving in the military as of July 31, 2017, including data on those who have self-reported a change in their status to indicate naturalization. There are approximately 820 individuals recruited via the MAVNI Pilot Program.
CA1 Defers to BIA’s Interpretation of the Stop-Time Rule in Matter of Camarillo
Deferring to the BIA’s interpretation of the stop-time rule in Matter of Camarillo, the court agreed with the BIA’s conclusion that the petitioner’s period of continuous physical presence ended when he was served with a Notice to Appear in 2006. (Pereira v. Sessions, 7/31/17)
CA4 Finds Petitioner’s Membership in Her Nuclear Family Was Not a Central Reason for Her Persecution
Where petitioner contended in her asylum petition that her alleged persecution was on account of her status as a member of her nuclear family, the court held that she failed to show that family status was a reason, central or otherwise, for her difficulties. (Velasquez v. Sessions, 7/31/17)
CA8 Finds Substantial Evidence Supported BIA’s Denial of Asylum to Citizen of Togo
The court denied the petition for review, holding that the IJ’s adverse credibility finding was rooted in numerous inconsistencies between the petitioner’s testimony and the record, the implausibility of certain events, and a lack of corroborating evidence. (Kegeh v. Sessions, 7/31/17)
CA2 Says U.S. Citizen Improperly Detained by ICE for Years Not Entitled to Compensation
The court held that a U.S. citizen who was improperly held in immigration detention for more than three years because the government mistakenly believed he was a deportable alien was not entitled to damages from the government. (Watson v. United States, 7/31/17)
EOIR Operating Policies and Procedures Memorandum 17-01: Continuances
MaryBeth Keller, Chief Immigration Judge, reminds IJs that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record and should only use, “where warranted for good cause or by authority established by case law.”
BIA Holds Texas Statute Is Not Sexual Abuse of a Minor
Unpublished BIA decision holds that indecency with a child under Tex. Penal Code 21.11(a)(1) is not sexual abuse of a minor because it criminalizes sexual contact with 16-year-old victims. Special thanks to IRAC. (Matter of C-M-O-G-, 7/31/17)
Immigration Law Advisor, July 2017 (Vol. 11, No. 5)
The July 2017 issue of Immigration Law Advisor includes an article on the evolution of the INA’s drug removability statutes pre- and post-Mellouli v. Lynch and a discussion of issues not resolved, as well as summaries of recent circuit court decisions and BIA precedent decisions.
AILA: House Bills Give Hope to Dreamers, but DACA Still in Danger
AILA praised the Dream Act of 2017 and the American Hope Act introduced in the House, both of which “would provide young people, who were brought to this country as children and grew up in the United States, the chance to apply for lawful permanent residence, and eventually apply for citizenship.”
H.R. 3591: American Hope Act of 2017
On 7/28/17, Representative Luis Gutierrez (D-IL) introduced the American Hope Act of 2017, which would provide young people, who were brought to this country as children and grew up in the United States, the chance to apply for lawful permanent residence. The bill has over 110 cosponsors.
BIA Reverses EWI Finding in Light of Respondent’s Credible Testimony
Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17)
BIA Holds Florida Arson Statute Is Not a Crime of Violence
Unpublished BIA decision holds that arson under Fla. Stat. 806.01(2) is not a crime of violence under 18 USC §16 because it prohibits the intentional causing of a fire or explosion against one’s own property. Special thanks to IRAC. (Matter of Kotowski, 7/27/17)
Democratic Senators Call on President Trump to Protect Dreamers
On 7/27/17, Minority Leader Chuck Schumer (NY) and Minority Whip Dick Durbin (IL) along with 40 Democratic senators called on President Trump to protect Dreamers by using his executive authority to the greatest extent possible to protect the Deferred Action for Childhood Arrivals (DACA) program.