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
USCIS Asylum Division Memo Releasing Revised Credible Fear and Reasonable Fear Lesson Plans
USCIS memo, dated 2/13/17, announcing the release of updated RAIO and Asylum Officer Training Course Lesson plans, Credible Fear of Persecution and Torture Determinations, and Reasonable Fear of Persecution and Torture Determinations.
RAIO and Asylum Division Officer Training Course on Credible Fear of Persecution and Torture Determinations
Updated lesson plan on credible fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course, effective 2/27/17.
RAIO and Asylum Division Officer Training Course on Reasonable Fear of Persecution and Torture Determinations
Updated lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course, effective 2/27/17.
USCIS Executive Summary of Changes to the Reasonable Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
USCIS Executive Summary of Changes to the Credible Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on credible fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
ICE Fact Sheet Regarding Arrests in Georgia and the Carolinas
ICE fact sheet with information on the nearly 200 unlawfully present foreign nationals that were arrested in the states of Georgia, North Carolina, and South Carolina during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in Los Angeles-Area Operation
ICE fact sheet with information on the 161 foreign nationals that were taken into custody in Los Angeles and the surrounding areas during a five-day enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in Six Midwestern States
ICE released a fact sheet with information on the 235 foreign nationals that were arrested in the states of Illinois, Indiana, Wisconsin, Kentucky, Kansas and Missouri during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in San Antonio Area
ICE released a fact sheet with information on the 28 foreign nationals that were arrested in San Antonio and the surrounding areas during a targeted enforcement operation conducted by ICE.
ICE Fact Sheet Regarding Arrests in the New York Area
ICE released a fact sheet with information on the 41 foreign nationals that were arrested in the five boroughs of New York City and the surrounding areas during a targeted enforcement operation conducted by ICE.
Documents Related to Habeas Corpus Petition Filed by DACA Recipient in Washington
Documents related to a habeas corpus petition filed in Medina v. DHS, a case involving a DACA recipient in Washington State who was arrested and taken into custody by ICE agents. The arrest occurred at the home of the DACA recipient’s father, for whom ICE had an arrest warrant.
CA7 Rejects “Entrapment by Estoppel” Defense of LPR Who Voted in Federal Election
The court upheld the removal order, finding that the petitioner did not make accurate disclosures about her lack of citizenship when applying for her driver’s license, and that no official at the DMV had told her that noncitizens are entitled to vote. (Fitzpatrick v. Sessions, 2/13/17)
Statement from DHS Secretary Kelly on Recent ICE Enforcement Actions
ICE released a statement regarding enforcement operations that occurred across the country resulting in the arrest of 680 individuals in which the enforcement operations are described as consistent with the routine, targeted arrests carried out by Fugitive Operations teams on a daily basis.
Documents Relating to Virginia Case Challenging Executive Order 13769 (Aziz v. Trump)
U.S. District Judge Leonie Brinkema granted a preliminary injunction barring the Trump administration from implementing its travel ban in Virginia, finding that an unconstitutional religious bias is at the heart of the travel ban. (Aziz v. Trump, 2/13/17)
Practice Alert: Targeted ICE Enforcement Actions are Underway
AILA has received information that ICE has once again commenced targeted enforcement actions by reinstituting “Operation Cross Check,” this time focusing on fugitives, individuals who reentered after they were deported, and at large “criminal aliens” (anyone with any criminal conviction).
BIA Dismisses Multiple CIMT Charge In Light of Prior 212(c) Waiver
Unpublished BIA decision holds that grant of 212(c) waiver for aggravated felony committed in 1993 precludes DHS from using offense to charge respondent in same proceeding with having been convicted of multiple CIMTs. Special thanks to IRAC. (Matter of M-M-S-, 2/9/17)
Quick Summary of Immigration-Related Provisions of February 9, 2017, Trump Executive Orders
AILA issued a quick summary of the immigration-related provisions of President Trump’s February 9, 2017, Executive Orders.
CA5 Upholds Denial of Naturalization Application Where USCIS Found Appellant Did Not Receive a Full and Unconditional Executive Pardon
The court held that USCIS’s interpretation of a “full and unconditional executive pardon” was permissible, and affirmed a summary judgment upholding the denial of the appellant’s application for naturalization. (Nguyen v. USCIS, 2/9/17)
S. 349: Access to Counsel Act
On 2/9/17, Senator Kamala Harris of California, along with six fellow Democratic senators, introduced a bill to guarantee access to counsel to those held or detained at a port of entry or detention facility overseen by CBP or ICE.
Senator Durbin Calls for Hearing on the President’s Immigration and Refugee Executive Orders
On 2/8/17, Senator Dick Durbin (D-NV) called on Senator John Cornyn (R-TX), Chairman of the Immigration Subcommittee, to hold a series of hearings on President Trump’s immigration and refugee executive orders that were signed in January 2017.
H.R.921: Community Trust Act of 2017
On 2/7/17, Representative Zoe Lofgren (D-CA) introduced the Community Trust Act of 2017 (H.R. 921), which would prohibit the use of federal funds to enforce Executive Order 13768, entitled “Enhancing Public Safety in the Interior of the United States.” The bill is cosponsored by 26 Democrats.
BIA Holds Florida Manslaughter Is Not a Crime of Violence
Unpublished BIA decision holds that manslaughter under Fla. Stat. 782.07(1) not a crime of violence under 18 U.S.C. 16(b) because it does not involve a substantial risk that perpetrator will use force in committing offense. Special thanks to IRAC. (Matter of Joseph, 2/7/17)
CA7 Finds Petitioner’s Illinois Conviction for Violating a Domestic Protection Order Makes Him Ineligible for Cancellation of Removal
The court denied the petition for review, holding that the petitioner’s conviction for violating a domestic protection order in Illinois rendered him legally ineligible for cancellation of removal under the terms of INA §237(a)(2)(E)(ii). (Garcia-Hernandez v. Boente, 2/7/17)
CA9 Says There Is No Due Process Right to Counsel During Expedited Removal Proceedings
The court held that the defendant had no Fifth Amendment due process right to hire counsel in his expedited removal proceeding and that he was not prejudiced by the government’s failure to inform him of the possibility of withdrawal relief. (United States v. Peralta-Sanchez, 2/7/17)
EOIR Swears in Twelve Immigration Judges
EOIR announced the investiture of 12 new immigration judges, including Victoria L. Argumendo, Steven D. Caley, Ila C. Deiss, Delia I. Gonzalez, Deborah K. Goodwin, Stephanie E. Gorman, Richard A. Jamadar, Julie Nelson, Emmett D. Soper, Jem C. Sponzo, Arwen Ann Swink, and Veronica S. Villegas.