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
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Unpublished BIA decision holds that larceny from a person under Okla.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)
CA8 Upholds Denial of Ethiopian Petitioner’s Asylum Claim Based on Political Opinion
The court held that the harms petitioner pointed to as evidence of past persecution, including his three-month detention in a military camp and threats he received after a trip to the United States, did not compel the finding that he experienced past persecution. (Baltti v. Sessions, 7/10/17)
CA11 Says Conviction Under Fla. Stat. §893.13(1)(a) Is Not an “Illicit Trafficking” Aggravated Felony
The court granted the petition for review, holding that petitioner’s convictions for violating Florida Statute §893.13(1)(a) did not constitute an aggravated felony, and thus that petitioner was not removable under INA §237(a)(2)(A)(iii). (Gordon v. Att’y Gen., 7/10/17)
Congressional Quad-Caucus Letter Urging to ICE to Publish Data on Detainees and Facilities
On 7/10/17, leaders of the of the Congressional Progressive Caucus, the Congressional Asian Pacific American Caucus, the Congressional Black Caucus, and the Congressional Hispanic Caucus urged ICE to collect and publish data on its facilities and detainee populations in an accessible and public way.
AILA and JFON File Supplemental Amicus Brief with BIA Concerning Duress Exception to the Persecutor Bar
AILA and the National Justice for Our Neighbors (JFON) filed an amicus brief supplementing their prior response to Amicus Invitation No. 16-08-08 in light of DHS’s changed position and recent BIA decisions, regarding the standards of a duress defense to the persecutor bar in asylum cases.
ICE ERO's July 2017 Detention Facility List
The Detention Watch Network (DWN) obtained a July 2017 ICE ERO detention facilities matrix through FOIA litigation in partnership with the Center for Constitutional Rights (CCR). Document includes a list of facilities, information about contracts, inspections, and more.
Executive Disorder: Ethical Challenges for Immigration Lawyers under the Trump Administration
While it was impossible to predict just how rough things would get, this article discusses ethical rules to consider when your client comes under attack and you must practice more defensively. Read this article from AILA’s PPC to reaffirm the rules and practices you should be implementing.
EOIR Piloting Bailiff Program in Select Immigration Courtrooms
AILA provides updated information on the new EOIR piloting bailiff program. The bailiffs are uniformed, armed “public safety officers” (PSOs) who have the authority to intervene in the event of a public safety threat. AILA also posted a Call for Examples to collect experiences under the new program.
The Top Eleven Terrible Things in President Trump’s Budget
There are a lot of things wrong with the President Trump's Fiscal Year 2018 budget request. Some of the immigration-related provisions have been mentioned in the press or by advocates, while others are flying relatively unknown under the radar. But they all have one thing in common: they are meant t
CA9 Says Detention of Noncitizens Subject to Reinstated Removal Orders Is Governed by INA §241(a)
The court held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a). Thus, the petitioner was not entitled to a bond hearing. (Padilla-Ramirez v. Bible, 7/6/17, amended 2/15/18)
CA9 Holds That Flores Settlement’s Bond Hearing Requirement Not Terminated by Statutes
The court held that two statutes enacted since the government agreed to the Flores Settlement—the Homeland Security Act and the TVPRA—did not terminate the bond hearing requirement of Paragraph 24A of the agreement for unaccompanied minors. (Flores v. Sessions, 7/5/17)
DOJ 30-Day Extension of Comment Period on Revisions to Form EOIR-27
DOJ 30-day extension of the comment period on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, originally announced at 82 FR 20489 on 5/2/17. Comments are now due 8/4/17. (82 FR 31076, 7/5/17)