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
Sign-on Letter to Stop Streamline Prosecution of Asylum-Seekers
On 7/10/15, AILA joined refugee, faith, and human rights organizations in a sign-on letter to DHS Secretary Johnson and Attorney General Lynch to end prosecution for illegal entry and reentry of individuals seeking asylum in the U.S.
BIA Rescinds In Absentia Order Because Hearing Notice Listed Wrong Courtroom
Unpublished BIA decision rescinds in absentia order because hearing notice mistakenly stated that the hearing would take place in the IJ’s prior courtroom. Special thanks to IRAC. (Matter of Hernandez, 7/10/15)
BIA Holds Respondent Who Arrived 30 Minutes Late Did Not Fail to Appear for Hearing
Unpublished BIA decision rescinds in absentia order upon finding respondent’s arrival 30 minutes after start of hearing did not constitute a failure to appear. Special thanks to IRAC. (Matter of Cortez-Talavera, 7/10/15)
AILA Quicktake #130: Appearance Rates for Families and Children
American Immigration Council's Director of Policy Beth Werlin offers accurate data on family and children appearance rates after the Center for Immigration Studies and Fox News got it wrong and explains why lawyers are so important in improving appearance rates.
CA9 Says Kwan Can Be Applied Retroactively to Petitioner's IAC Claims
The court held that Kwan both survives Padilla and did not establish a new rule of criminal procedure under Teague, and that Kwan could be applied retroactively to support petitioner’s ineffective assistance of counsel (IAC) claim. (United States v. Chan, 7/9/15)
The Real Alternatives to Family Detention
The vast majority of detained families are bona fide asylum seekers under U.S. law. There is no humane way to detain families. Until family detention finally comes to an end alternatives to detention should be used.
USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals
USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 6/15/15. The DACA FAQs were last updated on 3/10/15.
BIA Holds North Carolina Possession of Marijuana With Intent to Distribute Not an Aggravated Felony
Unpublished BIA decision holds that possession of marijuana with intent to distribute under N.C.G.S. 90-95(a)(1) is not an aggravated felony, citing prior unpublished decision as persuasive authority. Special thanks to IRAC. (Matter of Luna Aguirre, 7/7/15)
CA9 Finds Defendant’s Due Process Rights Violated Where IJ Failed to Advise of §212(c) Waiver
The court vacated the defendant’s conviction for illegal entry and remanded, holding that the defendant's due process rights were violated where the IJ failed to advise the defendant of the possibility of relief under INA §212(c). (United States v. Guzman-Ibarez, 7/6/15)
Vaccine Overdose of Detained Children Another Sign that Family Detention Must End
On July 4, 2015, AILA and AIC learned that, recently, medical personnel at the detention center in Dilley, Texas that holds nearly 2,000 children and their mothers mistakenly gave adult-strength Hepatitis A vaccinations to approximately 250 children.
BIA Reverses Denial of Continuance to Seek SIJ Status
Unpublished BIA decision holds that IJ should have granted a continuance to file a dependency petition necessary to seek SIJ status. Special thanks to IRAC. (Matter of A-G-M-, 7/2/15)
BIA Criticizes IJ For Refusing to Allow Telephonic Testimony
Unpublished BIA decision criticizes IJ for refusing to allow foreign doctor to testify telephonically regarding injuries that prevented LPR from returning to the United States more quickly. Special thanks to IRAC. (Matter of Wahid, 7/1/15)
CA10 Says INA §242B(2) Is a Non-Jurisdictional Venue Provision
The court transferred the petition back to the 5th Circuit, finding that INA §242B(2) is not a jurisdictional statute, that venue was proper in the 5th Circuit, and that the interests of justice would best be served if the 5th Circuit adjudicated the petition. (Lee v. Lynch, 7/1/15)
DOJ OIL July 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for July 2015, with articles on Morales-Santana v. Lynch, Morales v. Chadbourne, and DACA, as well as summaries of circuit court decisions for July 2015.
June AIM: Studying Immigration
John Tirman, Executive Director and a Principal Research Scientist at MIT's Center for International Studies, shares his research on immigration and family detention in June's Interview of the Month.
Immigration Law Advisor, June 2015 (Vol. 9, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on looking back and looking forward on gang-related asylum claims, as well as summaries of circuit court decisions for May 2015, summaries of recent BIA precedent decisions and a regulatory update.
Traumatizing Impact of Family Detention on Mental Health of Children and Mothers
The psychological harm caused when mothers and children seeking asylum in the U.S. are detained in jail-like facilities is the subject of a complaint filed with CRCL by AILA, the Women’s Refugee Commission, and the American Immigration Council.
Complaint Highlights Serious Mental Health Impact of Family Detention
AILA, the Women’s Refugee Commission, and the American Immigration Council filed a complaint today with DHS’s Office of Civil Rights and Civil Liberties (CRCL) on the psychological harm caused when mothers and children seeking asylum are detained in jail-like facilities.
BIA Reopens Proceedings Sua Sponte Because Attorney Failed to File Adjustment Application
Unpublished BIA decision reopens proceedings sua sponte where prior attorney conceded error in failing to timely file adjustment application. Special thanks to IRAC. (Matter of Dominguez-Vitela, 6/30/15)
BIA Administratively Closes Proceedings Pending Direct Appeal of Criminal Conviction
Unpublished BIA decision administratively closes proceedings pending outcome of respondent’s direct appeal of criminal conviction forming sole basis for removability. Special thanks to IRAC. (Matter of Peralta, 6/29/15)
CA1 Says Padilla Does Not Make Removal Punitive
The court held that Padilla’s description of deportation as "an integral part…of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes" does not implicate the 8th Amendment's prohibition on cruel and unusual punishment. (Hinds v. Lynch, 6/24/15)
CA7 Finds Defendant May Withdraw Guilty Plea upon Belated Discovery of Deportation Threat
The court held that a defendant, upon belated discovery of a deportation threat about which his counsel failed to warn him, may choose to withdraw a guilty plea and instead seek a trial. (DeBartolo v. United States, 6/26/15)
Supreme Court Holds Imposing Increased Sentence Under ACCA Violates Due Process
The Supreme Court held that imposing an increased sentence under the Armed Criminal Career Act (ACCA) violates due process, because the ACCA’s residual clause defining "violent felony" is unconstitutionally void for vagueness. (Johnson v. United States, 6/26/15)
A Guide to Children Arriving at the Border: Laws, Policies and Responses
The American Immigration Council updated its guide on unaccompanied children, which was first issued in summer 2014. It provides information about the tens of thousands of children who have fled their homes in Central America and arrived at the southern border.
BIA Upholds Suspension of Attorney Who Engaged in Conduct Prejudicial to Administration of Justice
The BIA held that an attorney who enlisted his legal assistant to impersonate him during multiple telephonic appearances before immigration judges was properly suspended from practice for 16 months and from telephonic appearances for 7 years. Matter of P. Singh, 26 I&N Dec. 623 (BIA 2015)