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 Reopens Proceedings For Pursuit of Provisional Waiver
Unpublished BIA decision grants motion to reopen to pursue provisional waiver (Form I-601A) following approval of visa petition and acquittal on criminal charges pending at the time prior appeal was dismissed. Special thanks to IRAC. (Matter of Olmedo, 1/31/17)
BIA Reopens Sua Sponte for Respondent to Adjust Status Under INA 245(i)
Unpublished BIA decision reopens proceedings sua sponte for respondent eligible to adjust status under INA 245(i) who lived in U.S. for sixteen years and has numerous U.S. citizen children. Special thanks to IRAC. (Matter of Villatoro, 1/31/17)
BIA Vacates Aggravated Felony Fraud Finding for Preparer of False Tax Returns
Unpublished BIA decision vacates finding that respondent was convicted of aggravated felony despite total loss of $1.2 million because record did not establish amount of loss from false tax returns he was convicted of filing. Special thanks to IRAC. (Matter of Friday, 1/30/17)
BIA Reverses Fraud Finding for Unknowing Submission of Fraudulent Marriage Certificate
Unpublished BIA decision vacates finding of inadmissibility based on unknowing submission of fraudulent marriage certificate, stating that “mere failure to adequately review a document before certifying its accuracy is not fraud.” Special thanks to IRAC. (Matter of H-M-, 1/30/17)
CA1 Finds Rhode Island Controlled Substance Convictions Qualify as Removable Offenses Under Modified Categorical Approach
The court held that while the petitioner’s Rhode Island controlled substance convictions did not qualify as removable offenses under the categorical approach, they did qualify under the modified categorical approach. (Swaby v. Yates, 1/30/17)
DHS Secretary Kelly Statement on Trump’s Appointment of Thomas D. Homan as Acting ICE Director
Statement by DHS Secretary Kelly on the 1/30/17 appointment by President Trump of Thomas D. Homan as Acting ICE Director, who replaced Acting ICE Director Daniel Ragsdale. Homan had served as the executive associate director of ICE Enforcement and Removal Operations (ERO) since 2013.
AILA Comments on EOIR Proposed Rule on Denials of Suspension of Deportation and Cancellation of Removal
AILA’s comments submitted on 1/30/17 in response to the DOJ notice of proposed rulemaking to amend regulations to allow IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached.
BIA Finds INA §101(f)(3) Requires Conviction or Admission to Bar Finding of Good Moral Character
Unpublished BIA decision concludes that a reasonable interpretation of the “conviction or admission” phrase in INA §101(f)(3) is that it limits application of the statute to convictions or admissions. Courtesy of Skyler Anderson. (Matter of - , 1/30/17)
DHS Statement: In Applying Executive Order, Entry of LPRs Deemed to be in the National Interest
DHS Secretary Kelly states that, in applying the provisions of the president's EO, the entry of LPRs is deemed to be in the national interest. Thus, absent the receipt of “significant derogatory information …, LPR status will be a dispositive factor in [the] case-by-case determinations.”
Documents Relating to Immigrant Visa Holder's Suit Challenging Trump's Executive Order
The judge granted a temporary restraining order requiring the respondents to transport the petitioner, who had been removed from the country, back to the United States and admit him under the terms of his visa. (Vayeghan v. Kelly, 1/29/17)
Washington District Court Judge Grants Stay of Removal in Lawsuit Challenging Trump Executive Order
The court granted a stay of removal and found that the defendants are enjoined from removing the two petitioners from the United States pending further order of the court. A hearing was set for 2/3/17 to determine whether to lift the stay. (Doe v. Trump, 1/28/17)
CBP Guidance Regarding Implementation of EO 13769 Travel Ban Obtained Via FOIA
Documents and field guidance, obtained via FOIA, relating to the implementation of the travel ban provisions of Executive Order 13769, signed by President Trump on January 27, 2017, including communications between CBP and field staff.
BIA Holds Nevada Domestic Violence Statute Not a Crime of Violence
Unpublished BIA decision holds battery domestic violence under Nev. Rev. Stat. 200.485.1(a) is not a crime of violence because it may be committed using nonviolent force and respondent not bound by prior attorney admission. Special thanks to IRAC. (Matter of Cardeas Cazares, 1/27/17)
BIA Holds Maryland Third Degree Burglary Not a CIMT
Unpublished BIA decision holds that third degree burglary under Md. Code Ann., Crim. Law 6-204 is not a CIMT because offenders need not intend to commit a CIMT once inside the dwelling. Special thanks to IRAC. (Matter of Hegana, 1/26/17)
BIA Finds Forfeiture Order Does Not Establish Loss From Fraud Conviction
Unpublished BIA decision finds that forfeiture order of $169,000 following fraud conviction did not demonstrate loss to victims was more than $10,000 because respondent was ordered to pay only $118.69 in restitution. Special thanks to IRAC. (Matter of Baig, 1/26/17)
BIA Holds Driving With Suspended License Post-DUI Not a CIMT
Unpublished BIA decision holds that driving with license suspended/revoked for having driven under the influence under Cal. Veh. Code 14601.2(a) is not a CIMT because it does not inherently create danger of serious harm to self and others. Special thanks to IRAC. (Matter of F-A-M-, 1/26/17)
BIA Solicits Amicus Briefs on Attempt to Transport a Narcotic Drug for Sale
The BIA is seeking amicus briefs on whether a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§13-3408(A)(7) and 13-3408(B)(7) is a crime involving moral turpitude. Briefs are due by 2/27/17.
Correction to DHS Final Rule Eliminating Exception to Expedited Removal for Cubans Arriving by Air
DHS issued a correction to the final rule originally published at 82 FR 4769 on 1/17/17 eliminating the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the U.S. at a port of entry by air. The correction updates contact info for DHS. (82 FR 8353, 1/25/17)
Correction to DHS Notice Eliminating Exception To Expedited Removal for Cubans Encountered in the U.S. or Arriving by Sea
DHS issued a correction to the notice originally published at 82 FR 4902 on 1/17/17 eliminating the exception to expedited removal authority for Cuban nationals encountered in the United States or arriving by sea. The correction updates contact information for DHS. (82 FR 8431, 1/25/17)
AILA/Council Summary and Analysis of Trump Executive Order on Border Security and Enforcement
AILA and the American Immigration Council’s summary and analysis of the January 25, 2017, Executive Order, “Border Security and Immigration Enforcement Improvements.” This document will be updated as information is available. A section-by-section summary and analysis follows the executive summary.
Fact Sheet: The Cost of Immigration Enforcement and Border Security
The American Immigration Council provides a fact sheet on border security, which depends on the smart and efficient use of available resources. At the same, border enforcement cannot and should not be done in isolation. Instead, the entire immigration system must be examined.
Leaked DHS Memo on Implementation of President's Border Security and Immigration Enforcement Improvements Policies
Leaked DHS memo from Secretary John Kelly, reported by the Associated Press, on the implementation of border security and immigration enforcement EO, including the use of state National Guard components and use of video teleconference removal hearings at detention facilities.
AILA/USCIS Field Operations Directorate Unofficial Update from Teleconference (1/24/17)
Unofficial update from the 1/24/17 teleconference with USCIS Field Operations Directorate. Topics include I-9 requests in benefit interviews, hiring freeze impact, ELIS, wait times for interviews, I-212/I-601A, pending N-400 adjudications and interview rescheduling, EB-5s, and interpreters.
CA4 Says Petitioner’s Conviction for Involuntary Manslaughter in Virginia Is Not a CIMT
The court vacated BIA’s removal order and remanded, finding that petitioner’s conviction for involuntary manslaughter in Virginia was not categorically a crime involving moral turpitude, because a conviction thereof can be predicated on mere criminal negligence. (Sotnikau v. Lynch, 1/24/17)
TRAC Report: ICE Criminal Prosecutions Down 41 Percent
TRAC reported that criminal prosecutions from ICE investigations for FY2016 were down 41.1 percent since FY2011. These figures do not include the larger number of criminal prosecutions from referrals made by CBP and USCIS. Immigration matters accounted for 53.2 percent of FY2016 ICE prosecutions.