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
S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) introduced the Securing Active and Fair Enforcement Act, or SAFE Act, (S. 3546), which pairs the language of the BRIDGE Act with harsh mandatory detention and rapid 90-day removal requirements for certain people.
AILA Quicktake #182: Dispelling Rumors
As the Trump administration gears up for the transition, rumors about what could be in store for immigration have spread. AILA member Ian Wagreich shares a plan for determining fact from fiction.
EOIR to Relocate Phoenix Immigration Court
EOIR announced that it will temporarily close its Phoenix Immigration Court on 12/15/16 to prepare for relocation. It will recommence hearings at its new location on 12/20/16. Notice includes contact information for the new location.
Senator Flake’s Press Release on S. 3546: Securing Active and Fair Enforcement Act
On 12/9/16, Senator Jeff Flake (R-AZ) issued a press release introducing S. 3546: Securing Active and Fair Enforcement Act, or SAFE Act.
CARA Family Detention Project Lauds Ruling to Deny Child Care Licensing to Immigration Detention Centers
The CARA Family Detention Project highlights Texas Judge Karin Crump’s ruling that childcare licenses could not be issued for the Karnes City and Dilley, Texas, family detention centers. While the government has appealed her decision, the CARA project partners call for the end to family detention.
CBP Opens Temporary Holding Facility in Donna, Texas
CBP statement on the opening a temporary holding facility near the Donna-Rio Bravo International Bridge in Donna, Texas to provide additional capacity of up to 500 people for unaccompanied children and family units in CBP custody at ports of entry and U.S. Border stations in the area.
Mayors Ask President-Elect Trump To Continue DACA
On 12/7/16, fourteen mayors joined Chicago Mayor Rahm Emanuel in sending President-elect Trump a letter to continue the DACA program, which protects DREAMers and grows the economy, until Congress modernizes America’s immigration system.
CA4 Says Petitioner’s Maryland Conviction for Third Degree Sex Offense Is Not an Aggravated Felony
The court granted the petition for review, holding that the petitioner’s conviction for “Third Degree Sex Offense” under Maryland Criminal Law Article § 3-307 did not qualify as the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43)(A). (Larios-Reyes v. Lynch, 12/6/16)
TRAC Report Finds Asylum Outcome Increasingly Depends on Judge Assigned
This TRAC report finds that, nationally, the average decision disparity in asylum cases worsened by 27 percent during the last six years. Overall, the median level of asylum decision disparity that asylum seekers face is now over 56 percentage points.
CA9 Says BIA Should Have Corrected IJ's Erroneous Inference That Killings Are Not Torture
The court found that the BIA incorrectly upheld the IJ’s inference that killing does not constitute torture, and remanded for the BIA to reconsider the petitioner’s Convention Against Torture (CAT) claim in light of this recognition. (Reyes v. Lynch, 11/30/16)
Members of Congress Urge President Obama to Protect Personal Information
On 12/5/16, Representative Judy Chu (D-CA) along with 110 other members of Congress called on President Obama to protect private data and information on DACA recipients.
BIA Holds Oklahoma Burglary Statute Not an Aggravated Felony
Unpublished BIA decision holds that 21 Okla. Stat. 1435 is not an aggravated felony “burglary offense” because it applies to non-buildings and structures and the statute is not divisible. Special thanks to IRAC. (Matter of Doeh, 12/5/16)
BIA Dismisses Charges Based on Guilty Plea to Legally Impossible Crime
Unpublished BIA decision holds that attempted second degree assault under N.Y.P.L. 120.05 is not a CIMT or an aggravated felony crime of violence because it is a “legally impossible” crime. Special thanks to IRAC. (Matter of Haynes, 12/2/16)
ICE Performance-Based National Detention Standards (2016)
A 2016 version of ICE’s Performance-Based National Detention Standards, which establish consistent conditions of confinement, program operations, and management expectations within ICE’s detention system. Includes a summary of the 2016 changes made to the 2011 version.
AILA ICE Liaison Committee Meeting Q&As (12/1/16)
AILA ICE Liaison Committee questions and answers from the 12/1/16 liaison meeting with ICE, including information on communication with local OCC, delayed service, detention, access to counsel, ISAP, U visa applicants, bond, detainers, and parole.
Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases
The Appleseed Network released a resource to help new and experienced attorneys, which provides an overview of immigration court proceedings, as well as specific sections on working with clients in detention, working with DHS and DOJ, and reporting immigration judge and DHS attorney misconduct.
Immigration Court Practice Manual (Updated 12/1/16)
EOIR provides an updated Immigration Court Practice Manual (updated on 12/1/16). The Practice Manual is a comprehensive guide that sets forth uniform procedures, recommendations, and requirements for practice before the Immigration Courts.
BIA Says Cuban Parolee Is Not Eligible to Adjust Status Under INA §209
Where the respondent was paroled into the U.S. with an Arrival/Departure Record stamped “Cuban/Haitian Entrant (Status Pending)” indicating his entry was for “Cuban Asylum,” the BIA found he was ineligible to adjust status under INA §209. Matter of L-T-P-, 26 I&N Dec. 862 (BIA 2016)
Immigration Law Advisor, November 2016 (Vol. 10, No. 8)
The November 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a discussion of the reception of internet sources in immigration proceedings, as well as summaries of circuit court decisions from October 2016 and BIA precedent decisions.
Homeland Security Advisory Council Report of the Subcommittee on Privatized Immigration Detention Facilities
The Homeland Security Advisory Council subcommittee issued a report with several recommendations including “continuation [of DHS’s use of private for-profit detention] should come with improved and expanded ICE oversight, and with further exploration of other models…."
EOIR Proposed Rule on Denials of Suspension of Deportation and Cancellation of Removal
Proposed EOIR rule allowing IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. Comments are due by 1/30/17. (81 FR 86291, 11/30/16)
TRAC Report Finds Immigration Now Accounts for 52 Percent of All Federal Criminal Prosecutions
This TRAC report finds that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent of all federal prosecutions in FY2016. Immigration prosecutions totaled 69,636 during FY2016, compared with 63,405 prosecutions for all other federal crimes.
CA9 Upholds BIA’s Refusal to Consider Adjustment of Status Petition of Peruvian Who Fraudulently Entered Under the VWP
In an issue of first impression, the court held that a noncitizen who fraudulently enters the United States under the Visa Waiver Program (VWP) is subject to the VWP’s limitations, including waiving any challenge to deportation other than asylum. (Riera-Riera v. Lynch, 11/28/16)
BIA Holds Obstructing Official Business in Ohio Not a CIMT
Unpublished BIA decision holds that obstructing official business under Ohio Rev. Code 2921.31(A) is not a CIMT. Special thanks to IRAC. (Matter of Moreno, 11/28/16)
Offering the Community Your Expertise Post-Election
There is fear in our communities. In the days following the presidential election, I heard from a lot of people who want to help, but aren't sure exactly how. Though there are many ways to get involved, I want to offer an example of how a fellow AILA member and I volunteered a couple of […]