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
AILA Quicktake #184: AILA ICE Liaison Committee Update
AILA ICE Liaison Committee Chair Heather Prendergast provides updates from the committee’s 12/1/16 meeting with ICE and shares how the committee is preparing for the new administration.
BIA Remands Because Replacement IJ Failed to State That He Familiarized Himself with Record
Unpublished BIA decision remands case because replacement IJ who signed decision failed to state that he familiarized himself with the record after hearing conduct by original IJ, as is required under 8 CFR 1240.1(b). Special thanks to IRAC. (Matter of V-R-, 12/13/16)
Money on the Table: The Economic Impact of Ending DACA
Report by the Immigrant Legal Resource Center (ILRC) estimating the fiscal cost of ending DACA over ten years. The calculations include the reductions in Social Security and Medicare contributions and the unnecessary turnover costs for businesses.
AILA Quicktake #183: BRIDGE and SAFE Acts
AILA's Director of Advocacy Greg Chen shares updates on the BRIDGE and SAFE Acts introduced in Congress on Friday and provides details on the continuing resolution passed to fund the federal government through April 28, 2017.
BIA Holds Arizona Statute Broader than Federal Schedule of Controlled Substances
Unpublished BIA decision holds that Ariz. Rev. Stat. 13-3407 is neither an aggravated felony nor a controlled substances offense because state definition of “dangerous drug” is broader than federal definition of “controlled substance.” Special thanks to IRAC. (Matter of Lopez, 12/12/16)
BIA Reopens Proceedings Sua Sponte, Holds Florida Theft Not a CIMT
Unpublished BIA decision reopens and terminates proceedings sua sponte against respondent ordered removed in 2009 upon finding theft under Fla. Stat. 812.014 is not a CIMT under intervening Supreme Court decision in Descamps. Special thanks to IRAC. (Matter of Hernandez, 12/27/16)
BIA Holds Federal Conversion Statute Not an Aggravated Felony
Unpublished BIA decision holds that conversion of public money under 18 U.S.C. 641 not an aggravated felony under INA 101(a)(43)(M)(i) because offense does not require fraud or deceit. Special thanks to IRAC. (Matter of Pazi-Alvarez, 12/12/16)
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.
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.
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.
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.
Senator Graham and Senator Durbin’s Press Release on S. 3542: BRIDGE Act
On 12/9/16, Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) issued a press release introducing S. 3542: Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) 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)
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)
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 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)
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…."
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)