Featured Issues

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.

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AILA endorses the Temporary Immigration Judge Integrity Act, which would require temporary immigration judges to have expertise in immigration law.
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Updates from EOIR

Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
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After DACA Rescission, House Speaker Paul Ryan Supports a Permanent Legislative Solution

On 9/5/17, House Speaker Paul Ryan (R-WI) responded to President Trump’s announcement to end DACA, stating he hopes Congress will be able to find consensus on a permanent legislative solution for Dreamers.

9/5/17 AILA Doc. No. 17090670. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

White House Statement: President Donald J. Trump Restores Responsibility and the Rule of Law to Immigration

The White House issued a statement regarding the rescission of the DACA program, stating that properly filed initial requests for EADs under DACA will be processed but additional DACA initial applications filed after 9/5/17 will not be accepted.

9/5/17 AILA Doc. No. 17090572. DACA, Deferred Action, Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

White House Releases Statement from President Trump on Rescission of DACA

The White House released a statement from President Trump on the rescinding of DACA, stating that “the legislative branch, not the executive branch, writes these laws…” and that “it is now time for Congress to act!”

9/5/17 AILA Doc. No. 17090542. DACA, Deferred Action, Removal & Relief
Accessible to Public.

Representative Ros-Lehtinen Urges Congress to Vote on Dream Act of 2017

On 9/5/17, Representative Ileana Ros-Lehtinen (R-FL) released a statement in response to the Trump administration’s decision to end DACA. The Representative called on members of Congress to debate and vote on the DREAM Act, which was introduced by Ros-Lehtinen and Roybal-Allard on 7/26/17.

9/5/17 AILA Doc. No. 17090575. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

Senator Feinstein Urges Congress to Vote on Dream Act of 2017

On 9/5/17, Ranking Member of the Senate Judiciary Committee Dianne Feinstein (D-CA) released a statement in response to the Trump administration’s decision to end DACA. The Senator called on her colleagues to protect DACA recipients by voting on the DREAM Act “as soon as possible.”

9/5/17 AILA Doc. No. 17090576. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

Representative Issa Responds to Trump Administration Decision to End DACA

On 9/5/17, Representative Darrell Issa (R- CA) responded to the Trump administration’s decision to end DACA. The Representative called on Congress to “immediately put political posturing aside and let this be a catalyst to achieve long-overdue reforms in this important area of concern.”

9/5/17 AILA Doc. No. 17090577. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

Senator McCain Responds to Trump Administration’s Decision to End DACA

On 9/5/17, Senator John McCain (R-AZ) released a statement in response to the Trump administration’s decision to end DACA. Senator McCain condemned the administration’s decision to end DACA, and called on his colleagues to devise and pass comprehensive immigration reform, including the DREAM Act.

9/5/17 AILA Doc. No. 17090579. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

Open Letter from Business Leaders Urging the Protection of Dreamers

In this open letter, entrepreneurs and business leaders from across the country call on President Trump and congressional leaders, Paul Ryan (R-WI), Nancy Pelosi (D-CA), Mitch McConnell (R-KY), and Chuck Schumer (D-NY), to pass the bipartisan, bicameral Dream Act (S. 1615 /H.R. 3440).

9/5/17 AILA Doc. No. 17090550. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

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)

9/5/17 AILA Doc. No. 18090573. Adjustment of Status, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases

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.”

9/4/17 AILA Doc. No. 17090430. DACA, Deferred Action, Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.”

9/4/17 AILA Doc. No. 17090835. DACA, Deferred Action, Removal & Relief
Accessible to Public.
Federal Agencies

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.

9/4/17 AILA Doc. No. 17092004. DACA, Deferred Action, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies

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.

9/4/17 AILA Doc. No. 17092005. DACA, Deferred Action, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

9/1/17 AILA Doc. No. 21011545. Admissions & Border, DACA, Removal & Relief
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

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.

Accessible to Public.

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.

9/1/17 AILA Doc. No. 17090634. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

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.

9/1/17 AILA Doc. No. 17091440. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

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.

9/1/17 AILA Doc. No. 17090566. DACA, Deferred Action, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.

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.

9/1/17 AILA Doc. No. 17090668. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

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.

9/1/17 AILA Doc. No. 17090671. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.

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.

9/1/17 AILA Doc. No. 17090535. Congress, DACA, Deferred Action, Removal & Relief
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

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)

9/1/17 AILA Doc. No. 18091032. Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements, Federal Agencies

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.

9/1/17 AILA Doc. No. 18080303. Removal & Relief
Accessible to: Member, Student, Paralegal.

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.

8/31/17 AILA Doc. No. 17083160. DACA, Deferred Action, Removal & Relief
Accessible to Public.

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.

8/31/17 AILA Doc. No. 17090161. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Accessible to Public.