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 Holds California Shooting at Unoccupied Vehicle Not a Firearms Offense
Unpublished BIA decision holds that shooting at an unoccupied vehicle under Cal. Penal Code 247(b) was not a firearms offense because it lacked an exception for antique firearms. Special thanks to IRAC. (Matter of Ramirez Hernandez, 10/12/17)
CA7 Finds Noncitizen Subject to Reinstatement Order of Removal May Not Apply for Asylum
While the court found that the Honduran petitioner had standing to assert a statutory right to apply for asylum, the court concluded that INA §241(a)(5) plainly prohibits a noncitizen subject to a reinstated order of removal from applying for asylum. (Garcia v. Sessions, 10/11/17)
BIA Denies DHS Interlocutory Appeal Challenging Continuance for Pro Se Respondent
Unpublished BIA decision declines to consider interlocutory DHS appeal challenging grant of second continuance to pro se respondent. Special thanks to IRAC. (Matter of Rivas-Ayala, 10/11/17)
EOIR Releases Data on Complaints Against Immigration Judges (FY2017)
EOIR released information on complaints against immigration judges, including number/percentage of IJs against whom complaints were received between FY2013 and FY2017, as well as the nature of complaints opened, sources of complaints, and methods of disposition for complaints closed during FY2017.
AILA Quicktake #218: White House Immigration Priorities
AILA Director of Government Relations Greg Chen responds to the announced immigration priorities and principles set by the Trump administration. He discusses why the policies are harmful and how you can take action.
AILA: White House Principles on Immigration Fail America
AILA condemned the Trump administration’s “Immigration Principles and Priorities” as destructive and unworkable. AILA reaffirms its commitment and support for real bipartisan immigration reform to increase our country’s shared prosperity and restore our legacy as a nation welcoming to immigrants.
White House Releases Details on Interior Enforcement Principles and Policies
The White House released information on President Trump’s interior enforcement principles and policies, including stopping sanctuary cities, hiring additional ICE officers and federal prosecutors, ending visa overstays, ending “catch-and-release,” requiring E-Verify, and stopping visa fraud.
White House Releases Immigration Principles and Policies
On 10/8/17, the White House released a detailed outline of President Trump’s immigration principles and policies, including information on border security, interior enforcement, and the creation of a merit-based immigration system.
White House Releases Executive Summary on Immigration Principles and Policies
On 10/8/17, the White House released an executive summary of President Trump’s immigration principles and policies, including top-level ideas on border security, interior enforcement, and the creation of a merit-based immigration system.
White House Releases Details on Border Security Principles and Policies
The White House released information on President Trump’s border security principles and policies, including the construction of a border wall, the prompt removal of minors and relatives crossing the border illegally, the tightening of asylum standards, and the expanded use of expedited removal.
CBP and ICE Release Statement Regarding Hurricane Nate
CBP and ICE released a statement ahead of Hurricane Nate, stating that routine non-criminal immigration enforcement operations will not be conducted at evacuation sites, or assistance centers such as shelters or food banks. Further, ICE detainees have not been moved from local facilities.
Statement from ICE Acting Director on California Sanctuary Law
ICE Acting Director Tom Homan issued a statement on California Governor Jerry Brown’s signing of SB 54, stating, “ICE will have no choice but to conduct at-large arrests in local neighborhoods and at worksites, which will inevitably result in additional collateral arrests…”
Department of the Treasury Notice on Immigration Bond Interest Rates
Department of the Treasury notice that for the period beginning 10/1/17 and ending 12/31/17, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.06 per centum per annum. (82 FR 46890, 10/6/17)
BIA Says Noncitizen Seeking to Qualify for Exception to Inadmissibility Under INA §212(a)(6)(A)(ii) Must Be a VAWA Self-Petitioner
The BIA held that a noncitizen seeking to qualify for the exception to inadmissibility in INA §212(a)(6)(A)(ii) must satisfy all three subclauses of that section, including the requirement that the noncitizen be a VAWA self-petitioner. Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)
CA7 Declines to Follow Matter of Khan and Remands Case Involving §212(d)(3)(A)(ii) Waiver for Noncitizen Seeking U Visa
Adhering to LDG v. Holder, the court held that IJs may exercise the AG’s powers over immigration, and remanded for the BIA to further consider whether the AG has the authority to waive a noncitizen’s inadmissibility while he or she requests a U visa. (Baez-Sanchez v. Sessions, 10/6/17)
CA11 Says §212(h) Waiver Is Not Available to Applicants Seeking Relief Under INA §240A(b)(2)(A)
The court held that BIA reasonably concluded INA §212(h) is unavailable to applicants seeking relief under INA §240A(b)(2)(A), a “special rule” allowing an otherwise inadmissible immigrant who was the victim of domestic violence to cancel his or her removal. (Arevalo v. Att’y Gen., 10/6/17)
BIA Holds Georgia Receipt of Stolen Property Is Not a CIMT
Unpublished BIA decision holds that theft by receiving stolen property under Ga. Code Ann. 16-8-7 is not a CIMT because it does not require knowledge that property in question was stolen. Special thanks to IRAC. (Matter of W-A-D-C-, 10/6/17)
EOIR Memo on Definitions and Use of Adjournment, Call-Up, and Case Identification Codes
EOIR issued OPPM 17-02, that rescinds OPPM 05-07, on the definitions and use of adjournment, call-up, and case identification codes that sets forth updated codes used to track the case hearing process. This OPPM reduces the number of codes. Memo is effective immediately.
CA5 Finds Petitioner’s Failure to Brief Her Ineffective Assistance of Counsel Claim Constituted Waiver of the Claim
The court held that the BIA did not err in denying the petitioner's motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal. (Lowe v. Sessions, 10/5/17)
S. 1937: Border Security and Deferred Action Recipient Relief Act
On 10/5/17, Senator Jeff Flake (R-AZ) introduced the Border Security and Deferred Action Recipient Relief Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, along with increase border security and interior enforcement measures.
Practice Pointer: Expedite Requests for VAWA, U, and T Visa Applications
AILA’s VAWA, U, and T committee provide instructions and additional guidance for submitting an expedite request for VAWA, U, and T applications with USCIS.
Practice Alert: DACA Renewals Must Be Physically Received by USCIS Today
AILA reminds members that DACA renewal applications must be physically received (not postmarked) by USCIS no later than today, 10/5/17 in order to be deemed timely filed. Late DACA requests from residents of the U.S. Virgin Islands and Puerto Rico will be considered on a case-by-case basis.
USCIS Statistics on Asylum Filings for Minors for FY2017
USCIS provided FY2017 statistics (through 9/30/17) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Liberty and Due Process for Immigrants in the SCOTUS Lineup, Part 2
In this special two-part Think Immigration blog, Mary Kramer, author of Immigration Consequences of Criminal Activity: A Guide to Representing Foreign Born Defendants, is joined by Michael Vastine and Sui Chung, co-authors of AILA's upcoming book, Winning on Paper. Read Part 1 of the blog post here
Senators Graham and Harris Urge the President to Extend DACA Deadline
Senators Lindsey Graham (R-SC) and Kamala Harris (D-CA) wrote a bipartisan letter to President Trump urging him to extend the DACA renewal application deadline to 1/4/18. The Senators cited concerns with applicants ability to seek legal counsel, pay the fee before the 10/5/17 deadline, and more.