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 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Unpublished BIA decision holds that driving without a valid driver’s license resulting in death or serious bodily injury under Fla.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The Migration Policy Institute provided analysis of previously unpublished Consequence Delivery System data from U.S. Border Patrol as well as fieldwork in the Tucson and Rio Grande Valley sectors, discussing which consequence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)
CA4 Says Conviction for Third Degree Burglary in Maryland Is a CIMT
The court denied the petition for review, concluding that Maryland third degree burglary qualifies as a crime involving moral turpitude (CIMT) under INA §237(a)(2)(A)(ii). (Uribe v. Sessions, 5/3/17)
DOJ 60-Day Notice and Comment Request on Form EOIR-27
DOJ 60-day notice and comment request on Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 7/3/17. (82 FR 20489, 5/2/17)
CA3 Says Noncitizen Subject to a Reinstated Removal Order May Not Apply for Asylum
Finding that Congress had not spoken clearly on the issue in the relevant statute, the court gave Chevron deference to the BIA’s statutory interpretation that noncitizens subject to reinstated removal orders are ineligible to apply for asylum. (Cazun v. Attorney General, 5/2/17)
DOJ Announces Release of Data on Incarcerated Foreign-Born Inmates
DOJ released quarterly data stating that there are 45,493 foreign-born inmates incarcerated under the supervision of the Bureau of Prisons as of 3/25/17. DOJ is working on establishing a process for collecting data on convicted undocumented immigrants in state prisons and local detention centers.
EOIR FOIA Response Provides List of Potential Institutional Hearing Program Locations
EOIR records received on 5/2/17 in response to AILA’s FOIA request for a list of additional Institutional Hearing Program (IHP) locations. Attorney General Sessions announced the expansion and modernization of the IHP program on 3/30/17, implementing Executive Order 13768 on interior enforcement.
USCIS Provides Q&As from Asylum Division Quarterly Stakeholder Meeting (5/2/17)
USCIS provides Q&As from the 5/2/17 Asylum Division quarterly stakeholder meeting. Topics discussed included updates from the asylum division, the executive orders and UACs, processing time backlogs and delays, FDNS and detention centers, expedites, and more.
BIA Finds Evidence of Conviction Not Sufficiently Reliable
Unpublished BIA decision finds docket transcript did not demonstrate conviction by clear and convincing evidence where it disclaimed liability for inaccurate data and judge's signature did not certify it as official record. Special thanks to IRAC. (Matter of Rudoi, 5/2/17)
Migration Policy Institute: A Revolving Door No More? A Statistical Profile of Mexican Adults Repatriated from the United States
The Migration Policy Institute provides a report with a statistical profile of Mexican adults repatriated from the U.S. between 2005 and 2015 and explores the characteristics of deportees, their immigration histories, and information on their future migration plans and minor children left behind.
CA9 Says Extortion on the Basis of a Protected Characteristic Can Constitute Persecution
The court granted the petition for review, holding that the IJ erred in concluding that extortion could not constitute persecution because extortion, accompanied by the threat of violence, on the basis of a protected characteristic, can constitute persecution. (Ayala v. Sessions, 5/1/17)
FAQS on ICE’s Victims of Immigration Crime Engagement (VOICE) Office
ICE provided the mission statement, objectives, and FAQs on its Victims of Immigration Crime Engagement (VOICE) office. FAQs discuss DHS’s Victim Information and Notification Exchange (VINE), used to automatically notify certain individuals about changes to custody status and other information.
Fact Sheet on DHS’s Victim Information Notification Exchange (DHS-VINE)
ICE provided a fact sheet on DHS-VINE, a web-based system that sends notifications to registrants who have been affected by crimes committed by a removable individual in ICE custody. Fact sheet lists who is eligible to register, what notifications will be received, and what is needed to register.