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
Supreme Court Allows Removal of Venezuelans under the Alien Enemies Act
In a case challenging the transfer of Venezuelan immigrants to an El Salvador prison under the Alien Enemies Act, the Supreme Court vacated the lower court’s orders, allowing the government’s actions to proceed. (Trump v. J.G.G., 4/7/25)
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury (DOT) notice that for the period beginning 4/1/25 and ending 6/30/25, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (90 FR 14894, 4/4/25)
Executive Order on Making District of Columbia “Safe and Beautiful”
On 3/27/25, President Trump issued Executive Order (EO) 14252 which, among other things, establishes a task force to direct maximum enforcement of federal immigration law in the Washington, D.C., area and to monitor D.C.’s sanctuary city status. (90 FR 14559, 4/3/25)
CA1 Remands After Finding BIA May Have Endorsed IJ’s Use of Legally Erroneous “Ocular Visibility” Test
The court found that the BIA may have endorsed the IJ’s use of a legally erroneous “ocular visibility” test in evaluating whether the petitioner’s proposed particular social group (PSG) was socially distinct within Salvadoran society. (Alvarez Mendoza v. Bondi, 3/31/25)
ICE to Reopen Detention Center at Glades County Jail in Florida
ICE announced that it is reinstating the intergovernmental service agreement with the Glades County Board of County Commissioners to house ICE detainees at the Glades County Jail in Moore Haven, Florida. The agreement reestablishes the detention center and creates up to 500 additional beds.
Senators and Representatives Urge AG to Reverse Course on Firings of IJs
Sen. Dick Durbin (D-IL) and Rep. Jamie Raskin (D-MD) led 66 House and Senate Democrats in a letter to Attorney General Pam Bondi regarding EOIR's firings of immigration judges (IJs) and indications of plans to fire even more as immigration courts currently face a staggering backlog of cases.
DHS Notice Extending Finding of Mass Influx of Aliens
DHS notice stating that DHS Secretary Kristi Noem is extending the Acting Secretary of DHS’s 1/23/25 “Finding of Mass Influx of Aliens.” The finding will expire in 180 days. (90 FR 13622, 3/25/25
CA5 Finds BIA Did Not Act Ultra Vires When Temporary BIA Member Ordered Petitioner’s Removal
On remand from the U.S. Supreme Court, the court held that the petitioner’s ultra vires claim failed because he could not establish a statutory violation, and that even if a statutory violation were not required, he also failed to show a regulatory violation. (Ayala Chapa v. Bondi, 3/24/25)
EOIR Issues Memo Reinstating Prior Guidance on Use of Status Dockets in Immigration Court Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-27 rescinding and canceling the 10/4/22 Director’s Memorandum (DM) 23-01 and reinstating the 8/16/19 PM 19-13 on the use of status dockets in immigration proceedings.
Presidential Proclamation Invoking Alien Enemies Act for Tren De Aragua
On 3/14/25, President Trump issued a proclamation invoking the Alien Enemies Act of 1798, targeting for immediate apprehension and removal members of Tren de Aragua (TdA), a transnational criminal organization and a designated Foreign Terrorist Organization from Venezuela. (90 FR 13033, 3/20/25)
Practice Alert: Do You Have Clients Subject to the Alien Enemies Act?
On March 15, 2025, the Trump administration invoked the Alien Enemies Act (AEA), removing hundreds of accused gang members to El Salvador over the weekend despite a Temporary Restraining Order (TRO) issued Saturday evening. Please contact the AILA ICE Liaison Committee if you have affected clients.
CA8 Finds Petitioner’s Marijuana Conviction in North Dakota Rendered Her Removable
The court held that the petitioner’s North Dakota conviction for possession of marijuana with intent to deliver qualified as a controlled substance offense rendering her removable under INA §237(a)(2)(B)(i) and ineligible for cancellation of removal. (Salinas v. Bondi, 3/19/25)
CA1 Finds BIA Failed to Consider Petitioner’s Son’s Individualized Circumstances in Making Hardship Determination
The court held that the BIA erred in finding that petitioner’s removal would not result in “exceptional and extremely unusual hardship” to the petitioner’s minor son, who suffered from an intellectual disability, for purposes of cancellation of removal. (Duarte De Martinez v. Bondi, 3/19/25)
Policy Brief: The Alien Enemies Act
Read AILA's analysis of the Trump administration's recent use of the wartime authority, the Alien Enemies Act (AEA). This archaic authority was recently used to remove hundreds of alleged gang members to El Salvador without prior notice or due process.
Featured Issue: National Security-based Immigration Enforcement
As the Trump Administration increases immigration enforcement on national security grounds, this page will track recent updates and news related to these actions.
BIA Says Time of Conviction Is Relevant in Determining Whether State Conviction Is Controlled Substance Offense
The BIA held that the time of conviction is the relevant point for determining whether a respondent’s state conviction is for a controlled substance offense under INA §237(a)(2)(B)(i), not the time the respondent’s removability is adjudicated. Matter of Dor, 29 I&N Dec. 20 (BIA 2025)
BIA Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration
The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)
CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story
The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)
DHS Provides a Privacy Impact Assessment for the Biometric Identification Transnational Migration Alert Program
DHS released a Privacy Impact Assessment that describes how the Biometric Identification Transnational Migration Alert Program (BITMAP) leverages biometric and biographic information as part of ICE’s effort to detect and dismantle transnational criminal and terrorist networks.
DHS Launches International Ad Campaign on Self-Deportation and Undocumented Migration
DHS announced that, on 3/15/25, it launched its international, multimillion-dollar ad campaign warning undocumented individuals not to come to the United States. The ads will run on radio, broadcast, and digital platforms in multiple countries and regions and in various dialects.
Resources on Litigation Challenging President Trump's Invocation of AEA
View the ACLU's webpage providing information on the lawsuit it filed along with Democracy Forward and the ACLU District of Columbia over President Trump's invocation of the Alien Enemies Act of 1798 (AEA). (J.G.G. v. Trump, 3/15/25)
ACLU and Democracy Forward Sue Trump Administration over Expected Invocation of Alien Enemies Act
Read the ACLU and Democracy Forward's press release about suing the Trump Administration over the President's "expected unlawful and unprecedented invocation of the Alien Enemies Act."
Featured Issue: Immigration Detention and Alternatives to Detention
AILA calls on Congress to significantly reduce and phase out the use of immigration detention for enforcement purposes, including custodial family detention. Learn more about this issue and how you can join the effort.
EOIR Notice of Information Collection on Form EOIR-31A
EOIR 60-day notice of proposed information collection on Form EOIR-31A, Request by Organization for Accreditation or Renewal of Accreditation of Non-Attorney Representative. Comments are due by 5/13/25. (90 FR 12178, 3/14/25)
EOIR Notice of Information Collection on Form EOIR-31
EOIR 60-day notice of proposed information collection on Form EOIR-31, Request for New Recognition, Renewal of Recognition, Extension of Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization. Comments are due by 5/13/25. (90 FR 12176, 3/14/25)