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
BIA Finds Child Endangerment Statute Not a Crime of Child Abuse
Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17)
BIA Remands Record Due to Lack of Mam Interpreter
Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17)
BIA Affirms Finding that Public Lewdness Is Not a CIMT
Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17)
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17)
AILA Members’ LTE Template on Large-Scale Enforcement Actions and Raids
We encourage AILA members to personalize and use this template Letter to the Editor as a starting point when writing a response to an article in your local outlet about large-scale enforcement actions and raids. Please email newsroom@aila.org with any questions or to share your success.
BIA Holds Texas Statute Not a Crime of Violence
Unpublished BIA decision holds that injury to a child, elderly individual, or disabled individual under Texas Penal Code 22.04(a) is not a crime of violence because it criminalizes omissions rather than intentional uses of force. Special thanks to IRAC. (Matter of J-K-O-, 5/10/17)
TRAC Files FOIA Suit Claiming ICE Is Withholding Data on Detainer Usage
The Transactional Records Access Clearinghouse (TRAC) filed a lawsuit under the Freedom of Information Act (FOIA) alleging that, starting in January 2017, ICE began unlawfully withholding records related to its immigration enforcement actions and its interaction with other law enforcement agencies.
The Perils of Expedited Removal: How Fast-Tracked Deportations Jeopardize Asylum Seekers
The American Immigration Council released a report with original testimony to demonstrate that the government’s reliance on “fast-track” deportation methods, such as expedited removal, in conjunction with detention often results in disadvantaging women and their children held in detention centers.
CA3 Says South Carolina Accessory-After-the-Fact Conviction Is Not a “Particularly Serious Crime” Under the INA
The court held that the petitioner’s South Carolina accessory-after-the-fact conviction was not an offense “relating to obstruction of justice” and therefore could not be considered either an aggravated felony or a particularly serious crime under the INA. (Flores v. Att’y Gen., 5/8/17)
Systemic Indifference: Dangerous and Substandard Medical Care in Immigration Detention
The Human Rights Watch released a report that reveals systemic failures, such as unreasonable delays in care and unqualified medical staff, that are likely to expose a record number of people to dangerous conditions under President Trump’s ramped up deportation and detention plans.
Sign-On Letter Calling on DHS Secretary Kelly to Halt the Expansion of Immigration Detention
On 5/8/17, AILA joined 271 other organizations, urging DHS Secretary John Kelly to halt the expansion of immigration detention and to strengthen rather than lessen standards and monitoring of a system that already endangers the lives and due process rights of asylum seekers and immigrants.
BIA Finds Driving Without a License Resulting in Death or Serious Injury Not a CIMT
Unpublished BIA decision holds that driving without a valid driver’s license resulting in death or serious bodily injury under Fla. Stat. 322.34(6) is not a CIMT because it requires only carelessness or negligence. Special thanks to IRAC. (Matter of Saucedo, 5/8/17)
ICE Directive on Stays of Removal and Private Immigration Bills
ICE issued policy directive 5004.1, which establishes policy, procedures, and responsibilities that ICE will adhere to when considering and issuing stays of removal related to private immigration bills.
ICE Letter to Senator Grassley Regarding Grants of Stays of Removal and Private Immigration Bills
On 5/5/17, ICE sent a letter to the Senate Judiciary Committee on policy changes on granting of stays of removal in connection with private immigration bills. Changes are effective immediately. Among other changes, the stay duration will be limited to six months with a one-time 90-day extension.
Immigration Policy Update: Federal Spending Bill and Immigration
On 5/1/17, news broke that Congress reached an agreement on the funding bill to keep the government open for the rest of 2017. This policy update provides an overview of the major immigration provisions, including funding for border security and interior enforcement, and limited H-2B relief.
Migration Policy Institute: Advances in U.S.-Mexico Border Enforcement
The Migration Policy Institute provided analysis of previously unpublished Consequence Delivery System data from U.S. Border Patrol as well as fieldwork in the Tucson and Rio Grande Valley sectors, discussing which consequence measures may be most effective in deterring illegal migration.
BIA Says Noncitizens Who Assist in Persecution Need Not Have a Persecutory Motive to Be Subject to the Persecutor Bar
The BIA held that the persecutor bar in INA §241(b)(3)(B)(i) applied to the respondent because, regardless of his own motives, he assisted or otherwise participated in the persecution of an individual because of the individual’s political opinion. Matter of Alvarado, 27 I&N Dec. 27 (BIA 2017)
EOIR Relocates Las Vegas Immigration Court
EOIR will temporarily close its Las Vegas Immigration Court on 5/10/17 to prepare for relocation. The Immigration Court will recommence hearings at the new location on 5/16/17. Contact information for the new location included.
AILA Quicktake #201: FY2017 Spending Bill Approved
Congress has reached an agreement on the funding bill to keep the government open for the rest of FY2017. AILA's Director of Government Relations Greg Chen gives an overview of the major immigration provisions, including funding for border security and interior enforcement, and limited H-2B relief.
DHS Notice of Proposed New DHS/ICE–016 FALCON Search and Analysis System of Records
DHS notice of the proposed establishment of a new system of records titled ‘‘DHS/ICE–016 FALCON Search and Analysis System of Records,’’ a consolidated information management system to enable ICE personnel to search, analyze, and visualize volumes of existing information. (82 FR 20905, 5/4/17)
DHS Proposed Rule Exempting New DHS/ICE–016 FALCON Search and Analysis System of Records from Privacy Act
DHS Notice of Proposed Rulemaking proposing to exempt portions of the new DHS/ICE–016 FALCON Search and Analysis System of Records from certain provisions of the Privacy Act. Comments are due 6/5/17. (82 FR 20844, 5/4/17)
BIA Finds Asylum Applicant Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed serious nonpolitical crime by being forced to deliver drugs and extortion money for a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-A-H-C-, 5/4/17)
BIA Finds Forcible Gang Recruit Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed a “serious nonpolitical crime” by delivering drugs and extortion money at the behest of a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-H-C-, 5/4/17)
BIA Finds Federal Immigration Document Fraud Not a CIMT
Unpublished BIA decision holds that immigration document fraud under 18 USC 1546(a) is not a CIMT because it criminalizes the possession without intent to use an altered immigration document. Special thanks to IRAC. (Matter of Nolasco, 5/3/17)
CA1 Finds Noncitizens Who Are Subject to Reinstated Orders of Removal May Not Apply for Asylum
The court denied the petition for review, holding that noncitizens who are subject to reinstated orders of removal may not apply for asylum, even though they may be entitled to withholding of removal. (Garcia-Garcia v. Sessions, 5/3/17)