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
Guide to Responding to Inappropriate Immigration Judge Conduct
On 8/10/17, Catholic Legal Immigration Network (CLINIC) issued a new practitioner’s guide. The guide gives information about the range of options available when inappropriate immigration judge (IJ) conduct occurs, including how to file a complaint with the EOIR.
BIA Termination Refiling of Same NTA
Unpublished BIA decision upholds IJ decision terminating proceedings for second time because second NTA contained same charge alleged in first NTA and because DHS failed to submit evidence during the first round of proceedings. Special thanks to IRAC. (Matter of Kurremula, 8/10/17)
CA4 Says Individuals Subject to Reinstated Removal Orders May Not Apply for Asylum
The court held that an individual subject to a reinstated removal order is ineligible to seek asylum, finding that by enacting the reinstatement bar, Congress intended to preclude individuals subject to reinstated removal orders from applying for asylum. (Calla Mejia v. Sessions, 8/9/17)
CA4 Says North Carolina Deferred Prosecution Agreement Qualified as a “Conviction” Under the INA
The court denied the petition for review, holding that the BIA properly found the petitioner removable and inadmissible on the basis of his North Carolina deferred prosecution agreement for soliciting a child by computer to commit a sex act. (Boggala v. Sessions, 8/9/17)
CA9 Finds Record of Conviction Inadequate to Determine Whether Petitioner Was Convicted of a CIMT
The court granted the petition for review of BIA’s decision finding petitioner ineligible for cancellation of removal, holding that the record of conviction was inadequate to determine whether he was convicted of a crime involving moral turpitude. (Lozano-Arredondo v. Sessions, 8/8/17)
EOIR Releases Data on Orders of Removal, Voluntary Departures, and Final Decisions
EOIR released limited data from 2/1/17 through 7/31/17 on orders of removal, voluntary departure, and final decisions. Total orders of removal are up 27.8% from the same time period in 2016. Notice notes that DOJ has hired 54 additional immigration judges since President Trump took office.
SPLC Issues Letter with Serious Concerns Regarding Stewart Immigration Court
The Southern Poverty Law Center (SPLC) sent a letter to EOIR on the conduct of immigration judges and court personnel at the Stewart Immigration Court that break the rules of professional conduct and violate the due process of detainees. Letter includes recommendations and corrective measures.
ACLU and Center for Gender & Refugee Studies Reach FOIA Settlement Agreement with ICE
The ACLU and the Center for Gender & Refugee Studies reached a settlement agreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. (ACLU v. ICE, 8/8/17)
CA9 Says Oregon Conviction for Delivery of a Controlled Substance Is Not an Aggravated Felony
The court granted the petition for review, holding that the petitioner’s conviction for delivering heroin under Oregon Revised Statutes §475.992(1)(a) was not an aggravated felony. (Sandoval v. Sessions, 1/27/17, amended 8/8/17)
TRAC Data Shows Where You Live Impacts Ability To Obtain Representation in Immigration Court
The Transactional Records Access Clearinghouse (TRAC) data shows that depending upon the community in which the immigrant resides, the odds of obtaining representation in Immigration Court deportation proceedings varies widely.
TRAC Data Shows Residents in Three Out of Four Counties in U.S. Now Before Immigration Court
The Transactional Records Access Clearinghouse (TRAC) created a new web mapping application that allows the public to examine for the very first time the number of individuals residing in each state, county, and local community within a county, who have pending cases before the Immigration Court.
BIA Holds Michigan Assault Statute Is Not a Crime of Violence
Unpublished BIA decision holds that assault under Mich. Comp. Laws 750.81(4) is not a crime of violence under 18 USC §16(a) because it does not require an actual touching of the person assaulted or the victim to suffer actual injury or pain. Special thanks to IRAC. (Matter of S-S-P-, 8/4/17)
Immigration Lawyers Save Lives
I took part in the AILA Annual Conference training for new chapter chairs, and as an ‘icebreaker,' was asked to complete phrases handed out on little slips of paper. Mine read, “The best way to save….“ I immediately responded, “One way to save a life is to be an immigration lawyer.“
CA3 Says Obstructing Governmental Function Under 18 Pa. Cons. Stat. §5101 Is Not a CIMT
The court held that obstructing the administration of law or other governmental function under 18 Pa. Cons. Stat. §5101 is not categorically a crime involving moral turpitude, as the offense encompasses non-fraudulent as well as fraudulent conduct. (Ildefonso-Candelario v. Att’y Gen., 8/3/17)
DOJ Announces Anti-Sanctuary City Language Required for Participation in Public Safety Partnership Program
The Department of Justice announced that, in order to participate in the Public Safety Partnership (PSP) program, local jurisdictions must answer questions that “show a commitment to reducing crime stemming from illegal immigration.” Twelve locations were initially selected for the program.
BIA Says Asylum Grantee Who Adjusts to LPR Status Under INA §209(b) Terminates His or Her Asylee Status
The BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)
Advocates File Amicus Brief with BIA on the Modified Categorical Approach and CIMTs
Responding to an amicus invitation, AILA, the Immigrant Defense Project, and the National Immigration Project of the National Lawyers Guild filed a brief taking the position that the BIA should not depart from the categorical approach when analyzing reprehensibility element of the CIMT analysis.
Motions to Suppress in Removal Proceedings: A General Overview
This American Immigration Council practice advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.
Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by CBP
This American Immigration Council practice advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by CBP officers, including factual scenarios that may give rise to successful motions to suppress evidence.
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations
This American Immigration Council practice advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law.
EOIR Relocates New Orleans Immigration Court
EOIR will temporarily close its New Orleans Immigration Court on 8/16/17 to prepare for relocation. The Immigration Court will recommence hearings at the new location on 8/22/17. Contact information for the new location included.
CA7 Finds Conviction upon Which Petitioner’s FARO Was Based Was Not an Aggravated Felony
The court granted the petition for review, finding that petitioner’s 2000 conviction for providing false information to the police upon which his Final Administrative Removal Order (FARO) was based was not properly classified as an aggravated felony. (Victoria-Faustino v. Sessions, 8/1/17)
CA5 Finds Petitioner’s Motion to Reopen Filed Outside 90-Day Limitations Period Not Entitled to Equitable Tolling
The court denied the petition for review, holding that the petitioner failed to meet her burden of showing that equitable tolling applied, and that the BIA did not abuse its discretion in finding that her motion to reopen was untimely. (Gonzalez-Cantu v. Sessions, 8/1/17)
DOJ Releases Updated Information on Incarcerated Foreign-Born Inmates
DOJ released updated information on incarcerated foreign-born inmates, stating that as of 6/24/17, out of the 187,855 inmates in Bureau of Prisons custody, 42,034 are foreign-born. Of those, 47% have received final orders of removal and 50% are under ICE investigation for possible removal.
Democratic House Members Call on the President to Protect Dreamers
On 8/1/17, Representative Raul Grijalva (D-AZ) along with a group of 154 House Democrats called on President Trump to maintain and legally defend the Deferred Action for Childhood Arrivals (DACA) program.