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
BIA Rescinds In Absentia Order In of Evidence of Vehicle Malfunction
Unpublished BIA decision rescinds in absentia order of removal in light of evidence submitted on appeal reflecting mechanical work on the vehicle that malfunctioned on the day of the respondent’s hearing. Special thanks to IRAC. (Matter of Lopez, 8/10/16)
TRAC Report Finds Reforms of ICE Detainer Program Largely Ignored by Field Officers
A TRAC report found that half of the detainers issued by ICE during the first two months of FY2016 targeted individuals who have no criminal record, which is up slightly from before DHS Secretary Johnson's 11/20/14 announcement of the Priority Enforcement Program.
BIA Rescinds In Absentia Order Against Respondent Advised to Rest By Doctor
Unpublished BIA decision rescinds in absentia in absentia order of removal in light of evidence that respondent saw a doctor on the day of his hearing and was advised to rest and given a prescription. Special thanks to IRAC. (Matter of Solis, 8/8/16)
BIA Holds Possession of Virtual Child Pornography Not an Aggravated Felony
Unpublished BIA decision holds that 18 USC 2252A is not an aggravated felony under INA 101(a)(43)(I) because it encompasses possession of child pornography involving virtual rather than actual minors. Special thanks to IRAC. (Matter of Franco-Lara, 8/4/16)
BIA Finds Interpreter’s Mistranslation Formed Basis of IJ’s Denial of Bond to Respondent
Unpublished BIA decision overturns IJ’s denial of respondent’s request for release on bond, finding that the IJ’s determination that respondent was a danger to the community was based on a mistranslation by the interpreter at his bond hearing. Courtesy of Nicolas Chavez. (Matter of –, 8/4/16)
CA9 Says INA §236(c) Applies Only if ICE Detains Noncitizen Promptly After Release from Criminal Custody
The court held that, under the plain language of INA §236(c), the government may detain without a bond hearing only those noncitizens with criminal convictions it takes into immigration custody “promptly” upon their release from the triggering criminal custody. (Preap v. Johnson, 8/4/16)
H.R. 5851: Refugee Protection Act of 2016
On July 14, 2016, Representative Zoe Lofgren (D-CA) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
BIA Remands In Light of Translation Error Involving Spanish Expression
Unpublished BIA decision orders further consideration of case where the interpreter erroneously translated the Spanish expression “se me hizo facil” as “that it seemed easy” rather than “I didn’t really think about the consequences.” Special thanks to IRAC. (Matter of Hernandez, 8/4/16)
S.3241: Refugee Protection Act of 2016
On July 14, 2016, Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Al Franken (D-MN) and Mazie Hirono (D-HI) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
DHS Announces Expansion of Initiatives to Address Central American Migration Challenges
DHS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
DOS Announces Expansion of Initiatives to Address Central American Migration Challenges
DOS announces new initiatives to aid Central American refugees including a protection transfer arrangement with UNHCR and Internal Organization for Migration (IOM), an in-country refugee referral program, and expansion of the existing Central American Minors program.
BIA Upholds IJ’s Denial of Bond to Syrian Citizen Pursuant to INA §236(a)
The BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness. Matter of Fatahi, 26 I&N Dec. 791 (BIA)
AILA FAQs on Supreme Court’s Ruling in U.S. v. Texas
AILA’s FAQs (updated on 8/3/16) on the Supreme Court’s ruling in United States v. Texas provide an explanation of the Court’s ruling, the impact it will have on millions of immigrant families waiting to apply for DAPA and DACA+, and predictions of what will happen next in the legal case.
Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal
On 8/2/16, the U.S. Commission on International Religious Freedom released a new report, which found serious flaws in the treatment of asylum seekers, and highlighted the harmful impact that detention has on asylum seekers, especially children.
EOIR Swears in 5 Immigration Judges
EOIR announced the investiture of five immigration judges (IJs). Attorney General Loretta E. Lynch appointed judges for courts in Texas, Illinois, Pennsylvania, and New Jersey.
CBP Issues Memo on e-Signature Standard Operating Procedures
CBP issued a memo announcing that the Office of Field Operations is expanding the Digital Acquired Signature aka e-Signature.
CA3 Finds IJs Lack Jurisdiction to Adjudicate Requests for Waivers of Inadmissibility for U Visas
The court denied the petition for review, holding that the IJ lacked jurisdiction to consider the petitioner’s request for a waiver of inadmissibility regarding his U visa application. (Sunday v. Att'y Gen, 8/1/16)
CA9 Reopens Removal Proceedings Based on Changed Country Conditions in Indonesia
The court held that the BIA improperly evaluated the petitioner’s submission of newly available, material evidence of changed country conditions in Indonesia, particularly in light of the petitioner’s conversion to Catholicism following his 2006 hearing. (Salim v. Lynch, 8/1/16)
CA9 Says California Conviction for Attempted Criminal Threats Is an Aggravated Felony
The court denied the petition for review, finding that petitioner’s conviction for attempted criminal threats under California law was categorically a crime of violence and an aggravated felony, and thus that he was ineligible for cancellation of removal. (Arellano Hernandez v. Lynch, 8/1/16)
Court Rejects Government Attempt to Categorically Redact Names of IJs
AILA President William A. Stock hailed an appellate court ruling in a FOIA lawsuit against EOIR, saying “This case has always been about ensuring that any allegations of misconduct are addressed in a meaningful way and that judges are held accountable for their actions.”
EOIR Releases Certain Criminal Charge Completion Statistics
EOIR released statistics on the average amount of time from receipt of a removal case in immigration court to the date of the case’s initial completion including information related to specific charges of removability from 1999 through 2015.
DOJ Issued a Fact Sheet on EOIR’s Office of Legal Access Programs
DOJ provides a fact sheet on EOIR’s Office of Legal Access Programs (OLAP), including information about the Legal Orientation Program (LOP), the BIA Pro Bono Project, Model Hearing Program, and many others.
USCIS Notice of Extension of Comment Period for Form I-191 Revision
USCIS 30-day notice of extension of the comment period for the proposed revision of Form I-191. The new form name will be Application for Relief under Former Section 212(c) of the Immigration and Nationality Act. Comments are now due by 8/29/16. (81 FR 50000, 7/29/16)
D.C. Circuit Says Names of IJs Cannot Be Redacted as a Blanket Matter
The court remanded to the district court for a more individualized inquiry into whether the names of IJs should be released, finding that the privacy interests of IJs do not outweigh the public interest in disclosure as a blanket matter. (AILA v. EOIR, 7/29/16)
CA2 Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Eligible for Bond
The court affirmed the district court, holding that individuals with reinstated orders of removal and in withholding-only proceedings are eligible for bond. (Guerra v. Shanahan et al., 7/29/16)