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
The U.S. Commission on Civil Rights Condemns Ending of DACA
On 9/8/17, the U.S. Commission on Civil Rights (USCCR) released a statement following President Trump’s decision to end DACA. The agency called it “a step backward for our country…. [and] a tremendous blow to the personal dreams and ambitions that DREAMers have been working towards.”
CRS Legal Sidebar: The End of the Deferred Action for Childhood Arrivals Program
The Congressional Research Service provides a Legal Sidebar on the immediate takeaways from the 9/5/17 announcement that the DACA program would be phased out over a six-month period.
H.R. 3697: Criminal Alien Gang Member Removal Act
On 9/7/17, Representative Barbara Comstock (R-VA) introduced the Criminal Alien Gang Member Removal Act (H.R. 3697), which would amend the INA’s grounds of inadmissibility and deportability for those associated with criminal gangs, as well as amend the INA’s definition of a gang member.
H.R. 3695: Protect DREAMer Confidentiality Act of 2017
On 9/7/17, Representatives Beto O’Rourke (D-TX) and Mike Coffman (R-CO) introduced the Protect DREAMer Confidentiality Act of 2017 (H.R. 3695), which would ensure the information DACA applicants provide the U.S. government is not used against them for immigration enforcement.
ICE Statement Regarding Questions on Enforcement Planning
ICE released a statement that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas…. There is currently no coordinated nationwide operation planned at this time.”
BIA Finds Aiding and Abetting in a Robbery Under California Law Is an Aggravated Felony
The BIA held that robbery under §211 of the California Penal Code, which includes the element of asportation of property, is categorically an aggravated felony theft offense under the INA, regardless of whether a violator merely aided or abetted. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)
CA3 Says 18 USC §16(b) Which Defines “Crimes of Violence” Is Unconstitutionally Vague
The court held that 18 USC §16(b), as incorporated into INA §101(a)(43)(F), is unconstitutionally vague, and thus that the petitioner’s conspiracy plea for robbery of a motor vehicle under Pennsylvania law did not qualify as a “crime of violence.” (Mateo v. Att’y Gen., 9/6/17)
The Dream Act, DACA, and Other Policies Designed to Protect Dreamers
The American Immigration Council provides a fact sheet with an overview of the Dream Act and other similar legislative proposals, explains changes made to DACA on 9/5/17, and provides information about policies at the state level that support Dreamers.
Practice Advisory on Bond Hearings for Youth in Immigration-Related Custody
The Center for Human Rights and Constitutional Law Foundation released a practice advisory regarding bond hearings for children in immigration-related custody. The practice advisory suggests ways in which the government’s compliance procedures fall short of legal requirements, and more.
CBP Provides Guidance on the Rescission of DACA
CBP Acting Chief Carla Provost issued a memo with updated guidance for CBP agents due to the rescission of DACA, including guidance for what an agent should do if an DACA applicant is encountered.
Back to School – The Immigrant Experience
Near the end of July 2017, ICE conducted raids across my hometown, Memphis, TN. By the agency's count, 83 individuals were arrested in a series of raids that occurred in Memphis, Nashville and New Orleans between July 23 and July 26. Not reported in that number is the fact that ICE later admitted th
Representative Carlos Curbelo Urges Floor Vote on RAC Act
Following the rescission of DACA, Representative Carlos Curbelo (R-FL) called on the President to focus on deporting criminals, not separating families. He went on to urge his colleagues to support the RAC Act (H.R. 1468), which he introduced earlier this year, and bring it to a floor vote.
Senator Flake States Congress Must Take Action to Protect Dreamers
On 9/5/17, Senator Jeff Flake (R-AZ) called on Congress to pass permanent, stand-alone legislation that ensures Dreamers are able to stay, finish their education and continue to contributing to society. Flake is a co-sponsor of the Dream Act (S.1615), BRIDGE Act (S. 128), and the SAFE Act (S.127).
Representative Upton Encourages Bipartisan Legislation to Protect Dreamers
On 9/5/17, Representative Fred Upton (R-MI) called on Congress to work together on fair, rigorous, and bipartisan legislation that addresses the uncertainty facing Dreamers. Representative Upton is a co-sponsor of the BRIDGE Act (S.128) and the RAC Act (H.R. 1468).
Representative Adam Kinzinger Calls on Congress to Defend Dreamers
On 9/5/17, Representative Adam Kinzinger (R-IL) released a statement on President Trump’s decision to rescind DACA. He called on Congress to pursue immigration reform as a permanent, legislative solution that will allow Dreamers to stay legally. Kinzinger is a co-sponsor of the RAC Act (H.R. 1468).
Senator Ernst Calls on Congress to Defend Dreamers
On 9/5/17, Senator Joni Ernst (R-IA) released a statement following President Trump’s decision to rescind DACA. She called on Congress to pursue a measured approach that addresses the situation of Dreamers, secure the border, and modernize our legal immigration system.
Senator Lamar Alexander Pushes for Immigration Reform
On 9/5/17, Senator Lamar Alexander (R-TN) issued a statement following President Trump’s decision to rescind DACA. The Senator voted for the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), and is willing to work with Trump to pass similar legislation.
Statement from President Barack Obama on DACA Repeal
On 9/5/17, President Barack Obama released a statement condemning the repeal of DACA, stating that “we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us.”
The U.S. Chamber of Commerce Issues Statement on DACA Rescission
On 9/5/17, U.S. Chamber of Commerce Senior Vice President and Chief Policy Officer Neil Bradley released a statement condemning the repeal of the DACA program and called on the administration and Congress to quickly find a legislative solution before the program expires.
Representative Marshall Calls on Congress to Defend Dreamers
On 9/5/17, Representative Roger Marshall (R-KS) released a statement following President Trump’s decision to rescind DACA. He called on Congress to use legal, legislative avenues to assist Dreamers, secure the border, and develop a workable visa program for America’s farmers.
Representative Reichert Urges Protection of DACA Program
On 9/5/17, Representative Dave Reichert (R-WA) condemned the repeal of DACA, stating, “Punishing these individuals for a crime they didn’t commit is not in the American DNA…. Congress must work towards a long-term immigration solution that… allows all individuals to pursue the American Dream.”
BIA Says Entry into Pretrial Intervention Agreement in Texas Is a Conviction for Immigration Purposes Under Certain Circumstances
The BIA held that entry into a pretrial intervention agreement in Texas is a conviction where a respondent admits facts to warrant a finding of guilt and a judge authorizes an agreement ordering participation in a pretrial intervention program. Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)
Attorney General Sessions Delivers Remarks on Rescinding DACA Program
The DOJ released remarks as prepared for delivery from the Attorney General Jeff Sessions regarding the rescission of the DACA program.