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
Attorney General Sessions Delivers Remarks on Rescinding DACA Program
The DOJ released remarks as prepared for delivery from the Attorney General Jeff Sessions regarding the rescission of the DACA program.
DHS Issues Memo on Rescission of Deferred Action for Childhood Arrivals
DHS issued a memorandum rescinding the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," which established the program known as Deferred Action for Childhood Arrivals ("DACA").
DHS Issues FAQs on Rescission of DACA Program
DHS issues FAQs on the rescission of the Deferred Action for Childhood Arrivals (DACA) program.
BIA Holds that Permanent Bar Does Not Apply to Unlawful Presence Accrued Before IIRIRA
Unpublished BIA decision holds that INA 212(a)(9)(C)(i)(I) does not apply retroactively to periods of unlawful presence accrued prior to IIRIRA effective date of April 1, 1997. Special thanks to IRAC. (Matter of Urias Aguilar, 9/5/17)
AILA: Ending DACA Would Be Inhumane and Bad for America
AILA condemned reported plans that the Trump Administration will end the DACA program with a six-month enforcement delay and urged President Trump to endorse legislation to protect Dreamers “and ensure a solution is passed before terminating the DACA program.”
Letter from Attorney General Sessions to DHS Acting Secretary Duke on the Rescission of DACA
A 9/4/17 letter from Attorney General Sessions to DHS Acting Secretary Duke, stating, “In light of the costs and burdens that will be imposed on DHS associated with rescinding this policy, DHS should consider an orderly and efficient wind-down process.”
USCIS Provides Data on Country of Birth for Active DACA Recipients
USCIS provided data, as of September 4, 2017, on the country of birth for active DACA recipients. Almost 80% are from Mexico.
USCIS Provides Data on DACA Renewals by Month
USCIS provided data on active DACA recipients as of September 4, 2017, by month that the validity expires and the status of the associated renewal as of September 7, 2017.
DHS Releases Records Related to DACA
DHS released a set of documents related to DACA, in particular the implementation of the 2017 guidance on the rescission of DACA. The documents contain email correspondence and CBP memos on DACA-related border policies, presentations on immigration enforcement priorities and policies, and more.
Untangling the Immigration Enforcement Web
The National Immigration Law Center (NILC) released a report on database and information-sharing among federal, state, and local agencies and how the exchange of data occurs currently, how to evaluate immigration-related risks and benefits of interacting with agencies, and how to protect immigrants.
Democratic Leader Pelosi Encourages Speaker Ryan To Discuss Comprehensive Legislative Solution
On 9/1/17, Democratic Leader Nancy Pelosi (D-CA) wrote a letter to House Speaker Paul Ryan (R-WI), agreeing that Congress should act and urging him to meet with the Congressional Hispanic Caucus and other House Democratic leaders to discuss a comprehensive legislative solution for Dreamers.
Screening Potential DACA Requestors for Other Forms of Relief
This American Immigration Council Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA.
Senator Hatch Calls on Trump to Protect DACA
On 9/1/17, Senator Orrin Hatch (R-UT) released a press statement urging President Trump to protect DACA. The Senator also urged Congress to come together and pursue a meaningful immigration reform that will secure our borders, provide a workable path forward for Dreamers, more.
Republican House Members Call on Speaker Ryan to Find a Solution for Dreamers
On 9/1/17, ten Republicans House members sent a letter to House Speaker Paul Ryan (R-WI) encouraged him to find a legislative solution to protect DACA recipients.
TN Attorney General Calls on Senators to Support the Dream Act
On 9/1/17, Tennessee Attorney General, Herbert Slatery, wrote to Senator Lamar Alexander (R-TN) and Senator Bob Corker (R-TN), stating that he will not sue over DACA, and urges the senators to take legislative action to protect Dreamers.
ICE Handbook for Handling Minors Encountered by DHS
ICE’s Juvenile and Family Residential Management Unit created an operational guide for Field Office Juvenile Coordinators, to be used in processing, transporting, managing, and removing minors encountered by DHS. The handbook was found in the court files of a lawsuit brought by the NIJC.
BIA Holds California Joyriding Statute Is Not an Aggravated Felony Theft Offense
Unpublished BIA decision holds that unlawful taking and driving of a vehicle under Cal. Veh. Code 10851(a) isn’t an aggravated felony theft offense because it applies to accessories after the fact in addition to principals and accomplices. Special thanks to IRAC. (Matter of E-J-H-C-, 9/1/17)
EOIR Provides Strategic Communications Plan for FY2017
In response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided it Strategic Communications Plan for FY2017, which was issued to EOIR personnel on 9/1/17. The plan includes a five-phase approach and calls for quarterly review and updating.
Settlement Reached Regarding Certain Individuals Found Inadmissible Due to Executive Order 13769
A settlement agreement was reached that requires the government to send letters to certain individuals found inadmissible solely due to EO 13769 and to coordinate the processing of new visa applications for those identified who wish to return to the U.S. (Darweesh v. Trump, 8/31/17)
AILA Quicktake #213: DACA, SB 4, and Congressional Preview
AILA Director of Government Relations Greg Chen shares the latest on DACA, explains what the SB 4 injunction means, and looks at what to expect next week when Congress is back in session.
TRAC Data Shows Immigration Court Backlog Climbs to 617,527 Cases
TRAC provided data showing that as of the end of July 2017, the Immigration Court's backlog continued to rise, reaching an all-time high of 617,527. For the first time, individuals with pending cases from El Salvador surpassed the numbers from Mexico in the court's pending workload.
TRAC Report Compares Use of ICE Detainers: Obama vs Trump
The latest TRAC data on ICE detainers reveals that detention began to increase last year, well before the 2016 election or inauguration of Donald Trump. Once President Trump assumed office, detainer usage rose more rapidly.
Representatives Espaillat and Kilhuen Urge President Trump to Reconsider DACA Decision
On 8/31/17, Representatives Adriano Espaillat (D-NY) and Ruben J. Kihuen (D-NV) wrote a letter to President Trump urging him to reconsider his decision to end DACA.
CA5 Upholds BIA’s Determination That Probationary Confinement in Substance Abuse Facility Constituted “Term of Imprisonment”
The court held that the BIA did not err in finding that a sentence of up to one year in a substance-abuse felony punishment facility as a condition of community supervision constituted a “term of imprisonment” under INA §101(a)(48)(B). (Calvillo Garcia v. Sessions, 8/31/17)
Statement on People Impersonating ICE Officials in Houston
ICE reports that they have received reports that people are impersonating HSI special agents and knocking on doors in the Houston area, telling residents to evacuate. During Hurricane Harvey relief efforts, ICE is not conducting immigration enforcement operations in the affected area.