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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
Guardians of our Constitution
Adapted from the installation speech of Annaluisa Padilla, 2017-18 President of AILA
Senators Letter to Appropriations Committee on DHS’s FY2018 Appropriations Bill
On 6/22/17, nineteen senators sent a letter to the Senate Committee on Appropriations requesting a reduction in funding for President Trump's detention beds and deportation force, and asked that no funding be made available for a wall along the southern border.
H.R. 3003: No Sanctuary for Criminals Act
On 6/22/17, Representative Bob Goodlatte (R-VA) introduced the No Sanctuary for Criminals Act (H.R. 3003), a bill that would toughen penalties for so-called "sanctuary cities."
H.R. 3004: Kate's Law
On 6/22/17, Representative Bob Goodlatte (R-VA) introduced Kate's Law (H.R. 3004), which would increase penalties for individuals who illegally reenter the United States.
EOIR Reminder Regarding EOIR’s Fraud and Abuse Prevention Program
EOIR issued a reminder on the role of EOIR’s Fraud and Abuse Prevention Program in safeguarding the validity of those proceedings and of the need for vigilance in combating immigration fraud. Since 2006, the program has handled more than 700 cases.
BIA Rescinds In Absentia Order Against Respondents Who Checked In with ICE
Unpublished BIA decision finds respondents rebutted presumption of delivery by regular mail by willingly presenting themselves to ICE officers before and after entry of an in absentia order. Special thanks to IRAC. (Matter of Gaspar-Tomas, 6/22/17)
BIA Holds Two-Week Continuance Not Sufficient Time to Find an Attorney
Unpublished BIA decision finds that IJ denied respondent’s right to counsel by providing only two weeks to find an attorney. Special thanks to IRAC. (Matter of Santos-Gijon, 6/22/17)
Statement from DHS to Senate Judiciary on “the MS-13 Problem”
Statement from DHS for a hearing investigating gang membership as well as its nexus to illegal immigration, before the Senate Judiciary committee, including information on the treatment of unaccompanied children. Between FY2012 and FY2016, ICE removed a total of 10,188 UACs from the United States.
Practice Pointer: ICE Update on Prosecutorial Discretion Under the New Administration
AILA’s ICE Liaison Committee provides a practice pointer about the exercise of prosecutorial discretion under the Trump administration.
CA2 Finds Presumption Against Retroactive Legislation Bars Application of IIRAIRA to Petitioner’s Case
The court held that because the petitioner had committed his drug offense prior to IIRAIRA’s passage, he should not have been forced to seek admission to the United States after his brief vacation to the Dominican Republic in 2007. (Centurion v. Sessions, 6/21/17)
CA8 Upholds BIA’s Finding That Petitioner Has a Conviction for a CIMT Rendering Him Ineligible for Cancellation of Removal
The court held that because the petitioner’s probation, community service, and fines constituted court-imposed penalties under INA §101(a)(4), the BIA did not err in affirming the IJ’s finding that the petitioner has a conviction for aggravated forgery. (Mendoza-Saenz v. Sessions, 6/21/17)
CA2 Finds BIA Erred in Barring Cancellation and Asylum Applications of Petitioner Convicted Under NY Penal Law §220.31
The court granted in part the petition for review and applied the categorical approach to determine that the petitioner’s conviction under N.Y. Penal Law §220.31 did not constitute a drug‐trafficking aggravated felony. (Harbin v. Sessions, 6/21/17)
Sign-On Letter Calling on Congress to Oppose ICE and USCIS Authorization Bills
On 6/20/17, AILA joined 13 other organizations expressing opposition to House legislation that authorizes ICE and USCIS, because it would dramatically redirect funding towards enforcement functions and away from the customer service and benefits functions that are also vital to their missions.
BIA Holds Child Abuse Ground of Deportability Does Not Apply to Attempt Crimes
Unpublished BIA decision holds that attempt to endanger the welfare of a child under N.Y.P.L. 260.10 is not a crime of child abuse because INA §237(a)(2)(E)(i) only applies to completed crimes. Special thanks to IRAC. (Matter of B-Q-, 6/20/17)
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.