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
ICE Enforcement in Courthouses is a Dangerous Mistake
Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a
BIA Holds Florida Burglary of a Structure Is Not a CIMT
Unpublished BIA decision holds that burglary of a structure under Fla. Stat. §§ 810.02(1) and (4) is not a CIMT because it does not require an intent to commit a CIMT. Special thanks to IRAC. (Matter of Vincent, 4/14/17)
BIA Says Assault with a Deadly Weapon in California Is Categorically a CIMT
Distinguishing Ceron v. Holder, the BIA held that assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Matter of Wu, 27 I&N Dec. 8 (BIA 2017)
DHS OIG Report on ICE Deportation Operations
The DHS Office of Inspector General (OIG) released a repost finding that ICE does not effectively manage the deportation of undocumented immigrants who are no longer detained, but are under its supervision. ICE concurred with the five recommendations made and initiated corrective actions.
Kids These Days
A child can be sweet, mad, smart, hilarious, whiny, silly, or sad. A child can be an angel, a terror, a silly goose, Captain America, Wonder Woman, a kitty cat, or a Tyrannosaurus Rex. A child cannot be an immigration lawyer. And yet… In immigration courts across the United States, every singl
AG Sessions Announces Additional Hiring of IJs in 2017 and 2018
While announcing a “renewed commitment” to criminal immigration enforcement, Attorney General Jeff Sessions revealed that DOJ will add 50 more IJs to the bench in 2017 and 75 in 2018. He also highlighted DOJ’s plan to streamline its hiring of IJs in order to reduce backlogs in immigration courts.
DOJ Memo Stating Renewed Commitment to Criminal Immigration Enforcement
DOJ issued a memorandum for all federal prosecutors that renewed the commitment to criminal immigration enforcement, outlined the immigration offenses that should be given priority, and called for each District to designate a Border Security Coordinator by 4/18/17.
DOJ’s Immigration Court Practice Manual (Updated on 4/11/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual regarding defensive and lodged asylum applications. The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
EOIR Swears in 14 Immigration Judges
EOIR swears in 14 immigration judges, including Justin F. Adams, Edward M. Barcus, Paula J. Donnolo, Lauren T. Farber, Paul M. Habich, Cara O. Knapp, Maria Lurye, Anthony E. Maingot, Sarah B. Mazzie, Matthew E. Morrissey, An Mai Nguyen, Sean D. Santen, Stuart A. Siegel, and Gwendylan E. Tregerman.
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 4/1/17 and ending 6/30/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.61 per centum per annum. (82 FR 17332, 4/10/17)
EOIR Notice of Change in Jurisdiction for Cases Originating in Idaho and Montana
Notice from EOIR that it has realigned resources in the field, and that jurisdiction over all immigration cases originating in Idaho and Montana will transfer from the Portland, Oregon, Immigration Court to the Salt Lake City, Utah, Immigration Court, as of 4/17/17.
BIA Orders IJ to Provide Parties Copy of Unpublished Decision
Unpublished BIA decision remands case for further consideration and orders immigration judge to provide the parties with a copy of an unpublished Board decision on which he relied. Special thanks to IRAC. (Matter of Jasso Arangure, 4/7/17)
BIA Holds Entry as Temporary Resident Constitutes “Admission”
Unpublished BIA decision holds that respondent was “admitted” by entering the country as a temporary resident and remained “admitted” after his temporary status expired. Special thanks to IRAC. (Matter of Gomez, 4/6/17)
FOIA Response: Booz Allen Hamilton Report on Immigration Courts (4/6/17)
On 4/11/18, AILA and the Council received a response to an EOIR FOIA request. The response included a partially redacted copy of a report titled “Legal Case Study: Summary Report.” The report was written by Booz, Allen, Hamilton after a year-long study of the immigration court system.
BIA Says Sexual Offense in Violation of Statute Enacted to Protect Minors Is a CIMT in Certain Circumstances
The BIA held that a sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is under 14 or a significant age difference exists between the perpetrator and a victim under 16. Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)
AILA/USCIS Meeting Questions and Answers (4/6/17)
Q&As from the 4/6/17 liaison meeting with AILA and USCIS HQ. Topics include executive orders on immigration, attorney representation issues, H-1B validity periods, ACICS, FCCPT, visa revocation, CSPA, and more.
AILA ICE Liaison Committee Meeting Q&As (4/6/17)
Official Q&As from the 4/6/17 AILA liaison meeting with ICE. Topics include information on staffing and organizational updates, enforcement memos, directives, prosecutorial discretion, detention, bond, detainers, parole, DACA, VOICE, and post order issues.
President Trump’s Massive Enforcement Plan: Wasteful and Ineffective
AILA issued “President Trump’s Massive Enforcement Plan: Wasteful and Ineffective,” providing analysis of the President’s plan to build the border wall, hire more deportation agents, increase immigration detention, and increase prosecutions of those who cross the border illegally.
CA1 Finds Petitioner Did Not Derive U.S. Citizenship Through His Mother’s Naturalization Under Former INA §321(a)(3)
The court concluded that the petitioner failed to meet his burden of proving that he is a U.S. citizen, and that the jurisdictional bar in INA §242B(5)(A) applied and precluded judicial review of the final order of removal against him. (Miranda v. Sessions, 4/5/17)
CA7 Finds BIA Did Not Err in Denying a Remand for Petitioner to Present New Evidence
The court held that petitioner did not demonstrate he was denied due process of law by IJ’s considering his asylum claim, and that BIA properly found that petitioner’s additional submissions on appeal did not meet the requirements for a motion to remand. (Barragan-Ojeda v. Sessions, 4/5/17)
BIA Terminates Proceedings Following Issuance of Certificate of Citizenship
Unpublished BIA decision reinstates and terminates proceedings that were previously ordered administratively closed because respondent was issued a Certificate of Citizenship. Special thanks to IRAC. (Matter of Howie, 4/5/17)
Acting Deputy Attorney General Issues Memo on Immigration Judge Hiring Process
On October 18, 2018, Human Rights First obtained the Attorney General’s April 2017 memorandum that outlined changes to the immigration judge hiring process.
BIA Holds California Voluntary Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that voluntary manslaughter under California Penal Code § 192(a) is not an aggravated felony crime of violence because a person can be convicted based upon reckless conduct. Special thanks to IRAC. (Matter of Alvarado, 3/30/17)
Attorney General Sessions Announces Expansion and Modernization of Program to Deport Criminal Aliens Housed in Federal Correctional Facilities
The DOJ expanded the Institutional Hearing Program (IHP) to 14 Bureau of Prisons (BOP) and 6 BOP contract facilities. The IHP identifies removable criminal aliens at federal correctional facilities, provides in-person and VTC removal proceedings, and removes the individual at end of the sentence.
Credible Fear Lesson Plans Comparison Chart
Comparison chart analyzing USCIS Asylum Office’s Credible Fear Lesson Plans for 2006, 2014, and 2017. Special thanks to Angela Edman and Dree Collopy.