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
Executive Disorder: Ethical Challenges for Immigration Lawyers under the Trump Administration
While it was impossible to predict just how rough things would get, this article discusses ethical rules to consider when your client comes under attack and you must practice more defensively. Read this article from AILA’s PPC to reaffirm the rules and practices you should be implementing.
EOIR Piloting Bailiff Program in Select Immigration Courtrooms
AILA provides updated information on the new EOIR piloting bailiff program. The bailiffs are uniformed, armed “public safety officers” (PSOs) who have the authority to intervene in the event of a public safety threat. AILA also posted a Call for Examples to collect experiences under the new program.
CA9 Says Detention of Noncitizens Subject to Reinstated Removal Orders Is Governed by INA §241(a)
The court held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a). Thus, the petitioner was not entitled to a bond hearing. (Padilla-Ramirez v. Bible, 7/6/17, amended 2/15/18)
The Top Eleven Terrible Things in President Trump’s Budget
There are a lot of things wrong with the President Trump's Fiscal Year 2018 budget request. Some of the immigration-related provisions have been mentioned in the press or by advocates, while others are flying relatively unknown under the radar. But they all have one thing in common: they are meant t
CA9 Holds That Flores Settlement’s Bond Hearing Requirement Not Terminated by Statutes
The court held that two statutes enacted since the government agreed to the Flores Settlement—the Homeland Security Act and the TVPRA—did not terminate the bond hearing requirement of Paragraph 24A of the agreement for unaccompanied minors. (Flores v. Sessions, 7/5/17)
DOJ 30-Day Extension of Comment Period on Revisions to Form EOIR-27
DOJ 30-day extension of the comment period on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals, originally announced at 82 FR 20489 on 5/2/17. Comments are now due 8/4/17. (82 FR 31076, 7/5/17)
BIA Holds Adjustment from Refugee to LPR Status Not an “Admission”
Unpublished BIA decision holds that adjustment of status under INA §209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA §212(h). Special thanks to IRAC. (Matter of B-V-N-, 7/5/17)
CA9 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Determination
The court held that substantial evidence supported the IJ’s adverse credibility determination based on anomalies in the petitioner’s supporting documentation, her vague testimony, and her failure to submit sufficient reliable corroborating evidence. (Wang v. Sessions, 7/3/17)
ICE Provides Brochure on ICE eService
ICE provided information regarding the ICE eService program, an electronic service of documents between the Office of the Principal Legal Advisor Offices of Chief Counsel (OCC) and individuals in administrative immigration proceedings before EOIR, or their legal representatives.
Practice Advisory: Working with Child Clients and Their Family Members in Light of the Trump Administration’s Focus on “Smugglers”
Public Counsel and Catholic Legal Immigration Network, Inc. (CLINIC) provide a practice advisory with guidance and suggestions on best practices for mitigating the risk of civil immigration enforcement or criminal prosecution of family members of children in removal proceedings.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 3)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to civil immigration enforcement and the Office of Immigration Litigation-District Court Section.
United States Attorneys’ Bulletins (July 2017, Vol. 65, No. 4)
The July 2017 edition from the DOJ’s Executive Office for U.S. Attorneys includes articles related to the prosecution of criminal immigration offenses.
Immigration Law Advisor, May/June 2017 (Vol. 11, No. 4)
The May/June 2017 issue of Immigration Law Advisor includes an article with an overview of the breadth and depth of the stop-time rule from IIRIRA and cancellation of removal, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Will Government Employees Show Some Moxie in the Immigration Struggle?
In case you haven't noticed, advocates for immigrants and favorable immigration policies in this country are at war with the current administration in Washington. And, for those who think the attitude in Washington will change in the next four to eight years, think again. Unfortunately, negative att
Ten States Sent Letter to DOJ Requesting End to DACA Program
Texas and nine other states sent a letter to the DOJ, requesting that DACA be phased out and that DHS rescind the 6/15/12 DACA memo and not renew or issue any new DACA or expanded DACA permits. If not, the letter states that the states will amend their litigation to challenge the DACA program.
BIA Holds Grant of U Nonimmigrant Status Qualifies as an “Admission”
Unpublished BIA decision holds that nonimmigrants granted U nonimmigrant status from within the United States are “admitted” for purposes of INA §237. Special thanks to IRAC. (Matter of Garnica, 6/29/17)
BIA Holds Florida Prostitution Offense Is Not an Aggravated Felony
Unpublished BIA decision holds that deriving support from prostitution under Fla. Stat. Ann. §795.05(1) is not an aggravated felony under INA §101(a)(43)(K)(i) and rejects DHS request to apply “circumstance-specific” approach. Special thanks to IRAC. (Matter of Demosthene, 6/29/17)
EOIR Issues Memo on Administrative Closure of Cases Involving TPS or DED Countries
Obtained via FOIA by Hoppock Law Firm, EOIR issued a memo providing guidance regarding administrative closure of pending appeals at the Board involving individuals potentially eligible for TPS or DED. Special thanks to Matthew Hoppock.
EOIR Issues Memo on Noting DACA Eligibility in Decisions
Obtained via FOIA by Hoppock Law Firm, EOIR stated that although DHS has not at this time terminated the DACA program, this memorandum serves to rescind the guidance contained in BIA 12-05 regarding inclusion of a footnote referring to possible DACA eligibility. Special thanks to Matthew Hoppock.
Judge: Government Still Failing to Meet Standards for Detaining Children
AILA welcomed U.S. District Judge Dolly Gee’s decision affirming that the federal government is violating the 20-year-old Flores settlement agreement governing the custody and release of all immigrant children nationwide; Judge ordered a Juvenile Coordinator appointed to ensure compliance.
CA8 Upholds Denial of Asylum to President of Community Development Organization That Addressed Gang Problems in El Salvador
The court held that substantial evidence supported the BIA’s conclusion that that there was an insufficient nexus between the threats the petitioner received from the MS-13 gang and her membership in a community development organization in El Salvador. (Gomez-Garcia v. Sessions, 6/28/17)
CA5 Says Alleged Past Persecution of Mother Cannot Be Imputed to 10-Year-Old Daughter
The court upheld the BIA’s denial of asylum, holding that the alleged past persecution of petitioner’s mother could not be imputed to petitioner, a 10-year-old citizen of El Salvador, and that petitioner did not have a well-founded fear of persecution. (Herrera Morales v. Sessions, 6/27/17)
AILA Statement Opposing H.R. 3003 and H.R. 3004
AILA issued a statement opposing the “No Sanctuary for Criminals Act (H.R. 3003) and “Kate’s Law (H.R. 3004).
BIA Rescinds In Absentia Order Against Infant
Unpublished BIA decision rescinds in absentia order issued by IJ Pelletier in Atlanta against infant whose mother mistakenly thought his presence at the hearing was excused. Special thanks to IRAC. (Matter of K-A-B-V-, 6/27/17)
DOJ’s Immigration Court Practice Manual (Updated on 6/26/17)
The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. The manual was amended to correct an error on page 99 and to fix pagination in Appendix A.