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
AILA Presents Nora Elizabeth Phillips with the 2017 Michael Maggio Memorial Pro Bono Award
AILA will recognize Nora Elizabeth Phillips, of Los Angeles, CA, with the 2017 Michael Maggio Memorial Pro Bono Award, for outstanding efforts in providing pro bono representation in the immigration field, this week during AILA’s Annual Conference in New Orleans, LA.
The Trump Administration FY2018 Budget: Funding for a Massive Deportation Machine
AILA provided an analysis of the Trump administration’s budget request for FY2018. The proposed budget would fund increases in immigration enforcement and border security, which would enable the administration to deport thousands of people who pose no threat to public safety.
EOIR Swears in 11 Immigration Judges
The Executive Office for Immigration Review (EOIR) announced the investiture of 11 new immigration judges, bringing the agency’s total to 326. Deputy Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held at EOIR headquarters in Falls Church, VA.
TRAC Data Shows Immigration Court Backlog Nears 600,000
The Transactional Records Access Clearinghouse (TRAC) found that the latest data from the Immigration Courts show that as of 5/31/17, the backlog had risen to 598,943, whereas at the end of May 2016, the backlog stood at 492,978.
BIA Limits Application of Firm Resettlement Bar
Unpublished BIA decision holds that the firm resettlement bar does not apply to asylum applicants who fear persecution in the country of alleged resettlement. Special thanks to IRAC. (Matter of L-K-U-, 6/16/17)
BIA Holds Possession of Drug Paraphernalia in Arizona Is Not a Controlled Substance Offense
Unpublished BIA decision holds possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because the state schedule is overbroad and the identity of the drug is not an element of the offense. Special thanks to IRAC. (Matter of Lopez, 6/16/17)
BIA Reverses Discretionary Denial of Adjustment Application
Unpublished BIA decision reverses discretionary denial of adjustment application where respondent had five U.S. citizen children, was active in church, and last DUI offense was more than eight years prior. Special thanks to IRAC. (Matter of Rodriguez, 6/15/17)
Council Practice Advisory: Administrative Closure and Motions to Recalendar
The American Immigration Council released an advisory on government motions to recalendar cases that were administratively closed and suggests strategies for opposing such motions, including tips for challenging a response using DHS enforcement priorities to keep a case on a court’s active docket.
DHS Rescission of Memorandum Providing for Deferred Action for Parents of American and Lawful Permanent Residents (“DAPA”)
DHS press release stating that the 11/20/14 memorandum that created DAPA and provided expanded work authorization has been rescinded because “there is no credible path forward to litigate the currently enjoined policy.” The 6/15/12 memorandum that created the DACA program will remain in effect.
DHS FAQs on the Rescission of the DAPA Memorandum
DHS provided FAQs on the rescission of the 6/20/14 memorandum that provided deferred action for parents of American and lawful permanent residents (DAPA).
DHS Memo Rescinding Memo Providing DAPA and Expansion of DACA
DHS issued a memo from Secretary John F. Kelly stating that due to the preliminary injunction, ongoing litigation, the fact that DAPA never took effect, and new immigration enforcement priorities, the 11/20/14 memo providing for DAPA has been rescinded. The 6/15/12 memo remains in effect.
CA7 Upholds Asylum Denial to Member of the Democratic Party in Mongolia
The court held that petitioner, a member of the Democratic Party in Mongolia, failed to establish past persecution or a well-founded fear of future persecution, and did not show that it was more likely than not that he would be tortured upon return to Mongolia. (Tsegmed v. Sessions, 6/15/17)
CA7 Upholds Finding That Conviction for First-Degree Reckless Injury in Wisconsin Is a Particularly Serious Crime
The court dismissed the petition for review for lack of jurisdiction, holding that the BIA did not abuse its discretion by finding that the petitioner, who was convicted of first-degree reckless injury, committed a “particularly serious crime.” (Herrera-Ramirez v. Sessions, 6/15/17)
ICE News Release: Operation Matador Nets 39 MS-13 Arrests
ICE announced a unified effort to combatting MS-13 and the arrest of 45 individuals during a recent operation. According to ICE, twelve individuals arrested crossed the border as unaccompanied minors and three individuals entered the United States with Special Immigrant Juvenile Status (SIJ).
CA7 Upholds Denial of Asylum to Salvadoran Who Feared Targeting by MS-13 Gang
The court held that the petitioner, who feared the MS-13 gang would target him based on its perception of him as a wealthy business owner, failed to establish his life or freedom would be threatened based on a protected ground. (Lopez v. Sessions, 6/13/17)
BIA Reopens Removal Proceedings of Respondent Deported in 2008 as an Aggravated Felon Due to Minor Controlled Substance Convictions
Unpublished BIA decision reopens removal proceedings of the respondent who was deported as an aggravated felon due to controlled substance convictions, finding he proved misadvice from prior attorneys and equitable tolling. Courtesy of Geoffrey Hoffman and Susham Modi. (Matter of X-, 6/12/17)
CA3 Finds IJ’s Conduct During Removal Hearing Violated Petitioner’s Right to Due Process
Where the IJ was hostile during the petitioner’s removal hearing, the court granted the petition for review, holding that the BIA misapplied the law in rejecting the petitioner’s procedural due process challenge to the IJ’s order of removal. (Serrano-Alberto v. Att’y Gen., 6/12/17)
BIA Solicits Amicus Briefs on Modified Categorical Approach and CIMTs
The BIA is soliciting amicus briefs on three questions related to the modified categorical approach and crimes involving moral turpitude (CIMTs), including whether the Board’s decision in Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), should be modified. Briefs are due by 7/12/17.
Federal Judge Reinstates Georgia Woman's DACA Status
A federal judge in Georgia ordered the DACA status of Jessica Colotl, whose status had been terminated, to be reinstated pending reconsideration by USCIS, finding that the government failed to present evidence that it had complied with its own procedures. (Colotl v. Kelly, 6/12/17)
Documents Relating to Supreme Court Case on Gender-Based Distinction for Acquisition of Citizenship
The Supreme Court found unconstitutional the gender-based distinction in INA §309(c), requiring a shorter period of parental physical presence in the U.S. for acquisition of citizenship through an unwed citizen mother than an unwed citizen father. (Sessions v. Morales-Santana, 6/12/17)
BIA Reopens and Terminates Proceedings Because Conviction Was No Longer an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte where conviction for embezzlement under Va. Code 18.2-111 was neither an aggravated felony theft nor fraud offense. Special thanks to IRAC. (Matter of Mattis, 6/11/17)
AILA Quicktake #207: Dilley Pro Bono Project Files Suit
Legal Director for the American Immigration Council Melissa Crow shares why the Dilley Pro Bono Project filed suit to challenge a new ICE policy that arbitrarily restricts the types of legal services that the project may provide.
BIA Reopens Proceedings Based on Unpublished BIA Decision
Unpublished BIA decision reopens proceedings following submission of unpublished decision that found 35 Pa. Cons. Stat. 78-113(a)(30) not to be an aggravated felony drug trafficking crime. Special thanks to IRAC. (Matter of Watkins, 6/9/17)
BIA Holds Florida Grand Theft Is Not a CIMT
Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because it applies to temporary takings or appropriations of property. Special thanks to IRAC. (Matter of Ngo, 6/8/17)
Esquivel-Quintana v. Sessions: Supreme Court Limits Reach of Aggravated Felony “Sexual Abuse of a Minor” Ground and Provides Support on Other
The National Immigration Project and the Immigrant Defense Project provides a practice advisory on Esquivel-Quintana v. Sessions, including suggested strategies and a sample motion to reconsider for cases affected by the decision, which should be filed by 6/29/17.