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 Removal Does Not Moot Appeal of Denial of Motion to Rescind In Absentia Order
Unpublished BIA decision denies DHS motion to reconsider decision rescinding in absentia order due to lack of notice and holds that appeal was not rendered moot by respondent’s removal. Special thanks to IRAC. (Matter of Aparicio, 3/2/17)
Reactions to the President’s Joint Address to Congress
Several members of AILA's Executive Committee share their reactions to President Trump's Joint Address to Congress on February 28, 2017: “We agree that we have to restore integrity and the rule of law to our borders, and especially to the agencies responsible for enforcing that law. The record of di
EOIR Releases FY2016 Statistics Yearbook
EOIR released its FY2016 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information.
BIA Rescinds In Absentia Order Because Attorney Provided Wrong Hearing Date
Unpublished BIA decision rescinds in absentia order of removal sua sponte due to attorney misadvising respondent as to the date of the hearing. Special thanks to IRAC. (Matter of Alcaraz, 2/27/17)
BIA Holds Arizona Possession of Drug Parapheralia Not a Controlled Substance Offense
Unpublished BIA decision holds that possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415 is not an offense relating to a controlled substance under Mellouli v. Lynch, 135 S. Ct. 1980 (2015). Special thanks to IRAC. (Matter of Pimber-Cirerol, 2/15/17)
CA5 Overturns Preliminary Injunction Blocking Enforcement of Texas’s Immigrant-Harboring Law
The court found that there was no reasonable interpretation of a TX law criminalizing the “harboring of illegal aliens” by which merely renting housing or providing social services to undocumented persons constitutes “harboring” them “from detection.” (Cruz et al. v. Abbott et al., 2/23/17)
CA4 Says Determining Whether Petitioner’s Evidence Meets Good Faith Marriage Standard Is Subject to De Novo Review
The court granted the petition for review and remanded, holding that the BIA should have reviewed de novo the IJ’s ultimate legal judgment that the petitioner’s evidence did not meet the good faith marriage standard of INA §216(c)(4)(B). (Upatcha v. Sessions, 2/22/17)
CA4 Finds BIA’s Interpretation of INA §209(b) Was Reasonable
The court denied the petition for review, holding that the BIA’s reliance on its precedential decision in Matter of C-J-H-, which held that noncitizens who adjust to LPR status under INA §209(b) do not retain their asylum status, was reasonable. (Mahmood v. Sessions, 2/22/17)
CBP Issues Memo on Implementation of EOs 13767 and 13768 and the Secretary’s Implementation Directions of February 17, 2017
CBP issued a redacted memo with the steps that the Office of Field Operations will begin executing immediately in relation to Executive Orders 13767 and 13768 and DHS Secretary’s implementation directions of February 17, 2017.
CBP Issues Memo on EOs 13767 and 13768 and the Secretary’s Implementation Directions of February 20, 2017
CBP released a redacted memo with the steps the Office of Field Operations will take to begin executing DHS implementation directions to ICE, CBP, and USCIS regarding EOs 13767 and 13768.
CBP Issues Memo on the SIGMA Release of 41 Enhancements
CBP issued an undated memo regarding changes to the SIGMA system to enhance data capture while assisting the Office of Field operations in reporting field office and local activities related to custody including the deferred inspection dashboard and ICE referrals regarding detention of individuals.
DOJ Memo: Rescission of Memorandum on Use of Private Prisons
DOJ issued a memo to the Federal Bureau of Prisons rescinding the memo dated 8/18/16 entitled “Reducing our Use of Private Prisons,” eliminating the review of private prison contracts at the end of their term.
DHS Provides Q&As Regarding DHS Implementation of the Executive Order on Enhancing Public Safety in the Interior of the United States
DHS issued Q&As to answer Frequently Asked Questions on how the Department will operationally implement the guidance provided by the president’s Executive Order on Interior Enforcement.
AILA Quicktake #189: DHS Memos on Interior and Border Enforcement
AILA's Director of Advocacy Greg Chen provides details on two memos signed by DHS Secretary Kelly implementing President Trump's Executive Orders on interior and border enforcement.
AILA: Ramped Up Enforcement Will Trample Due Process and Harm Families and Communities
AILA condemned the recently released DHS memos that set forth a series of aggressive enforcement tactics to be rolled out on a massive scale. These policies, if implemented as written, will trample due process.
DHS Fact Sheet: Executive Order: Border Security and Immigration Enforcement Improvements
DHS issued a fact sheet on the Executive Order on Border Security, outlining both the authorities and the actions taken by the memo.
DHS Fact Sheet: Executive Order: Enhancing Public Safety in the Interior of the United States
DHS issued a fact sheet on the Executive Order on Interior Enforcement, outlining both the authorities and the actions taken by the memo. Fact sheet states, “Effective immediately… Department personnel shall faithfully execute the immigration laws of the United States against all removable aliens.”
AILA Summary and Analysis of the DHS Memorandum on Border Enforcement
AILA provides a detailed summary and analysis of the February 20, 2017, DHS memorandum signed by Secretary Kelly, “Implementing the President’s Border Security and Immigration Enforcement Improvements Policies.” This memorandum implements President Trump's Executive Order on border enforcement.
ICE Memo on Implementing the President’s Border Security and Interior Immigration Enforcement Policies
Obtained via FOIA by ProPublica is an ICE memo implementing EO 13767 and EO 13768 on border security and interior enforcement with guidance stating “ERO officers will take enforcement action against all removable aliens….” Guidance also included on detention and parole policy, UACs, and more.
CBP Issued Memo on Prosecutorial Discretion in Immigration Administrative Proceedings
CBP issued a memo with guidance on prosecutorial discretion in immigration administrative procedures. The memo notes that the volume of cases is not expected to be large, with an estimated 65 such cases nationwide since February 2017.
CBP Issues DHS Memo on Implementation of President Trump’s EO on Border Enforcement
CBP issued a DHS memorandum signed by DHS Secretary John Kelly implementing the President’s Border Security and Immigration Enforcement Improvements Policies that was signed on January 25, 2017. See AILA Doc. No. 17021831 for an unredacted version.
CBP Issues DHS Memo on Implementation of President Trump’s EO on Interior Enforcement
CBP issued a DHS memorandum signed by DHS Secretary John Kelly implementing President Trump's Executive Order on Enhancing Public Safety in the Interior of the United States that was signed on January 25, 2017. See AILA Doc. No. 17021830 for an unredacted version.
DHS Released a Memo Implementing President Trump's Executive Order on Interior Enforcement
DHS issued a memorandum signed by DHS Secretary John Kelly implementing President Trump's Executive Order on Enhancing Public Safety in the Interior of the United States that was signed on January 25, 2017.
DHS Released a Memo Implementing President Trump's Executive Order on Border Enforcement
DHS issued a memorandum signed by DHS Secretary John Kelly implementing President Trump's Executive Order on Border Security and Immigration Enforcement Improvements that was signed on January 25, 2017.
TRAC Report: Immigration Court Deciding More Cases
TRAC report demonstrates that in FY2017, the Immigration Court has steadily increased the number of cases it has completed, with case completions during FY2017 being above the comparable period from the previous year. TRAC found that removal orders are also up so far in FY2017.