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
Congressman Adam Smith Statement on Family Detention
On 5/15/15, Representative Adam Smith (D-WA) reacted to the ICE family detention statement, stating “We need to get out of the business of detaining children and their mothers.”
AILA Offers Reality Check on ICE Family Detention Announcement
This document highlights the key aspects of the new plans by Immigration and Customs Enforcement for “enhanced oversight for family residential centers,” and points out the difference between what ICE says and what AILA knows from our ongoing efforts to end family detention.
TRAC Report Finds Immigration Court Backlog Reaches New All-Time High
A TRAC report found that the number of new cases awaiting resolution before the Immigration Courts climbed to a new all-time high of 445,607 as of the end of April 2015. The backlog has risen 9.2% since the start of FY2015 and is 29.5% higher than it was at the beginning of FY2014.
AILA NBC Liaison Committee Meeting Minutes (5/15/15)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/15/15. Topics included: ELIS, Affidavits of Support, I-485 and I-130 processing times, issues with transfer notices, RFEs, I-601A provisional waivers, advance parole, and adjustment of status.
BIA Orders Consideration of Competency to Understand Warnings in NTA
Unpublished BIA decision reopens proceedings sua sponte to consider evidence suggesting respondent lacked sufficient mental competency to understand advisals in Notice to Appear regarding his duty to notify the court of any change of address. Special thanks to IRAC. (Matter of Lall, 5/15/15)
Senator Menendez Responds to ICE Family Detention Announcement
On 5/14/15, Senator Bob Menendez (D-NJ) issued a statement in reaction to ICE’s family detention announcement, stating “The Administration’s efforts simply do not go far enough and are an unacceptable response to adequately address the grave concerns of detaining women and children.”
AILA: Little Meaningful Change in ICE Announcement on Family Detention
AILA President Leslie A. Holman responded to the announcement of plans by Immigration and Customs Enforcement (ICE) for “enhanced oversight for family residential centers” saying the plans do “almost nothing to address the fundamental issue that there is no humane way to detain families.”
AILA Quicktake #126: ICE Announcement on Family Detention
AILA's Director of Advocacy Greg Chen discusses Immigration and Customs Enforcement's (ICE) announcement of plans for “enhanced oversight for family residential centers.”
CA5 Says Bivens Actions Not Available for Claims That Can Be Addressed in Civil Immigration Removal Proceedings
The court held that the plaintiffs, undocumented immigrants who were involved in civil immigration enforcement actions, could not pursue Bivens claims against CBP agents for illegally stopping and detaining them. (De La Paz v. Coy, 5/14/15)
BIA Finds IJ Made Erroneous Factual Findings Regarding Motion to Suppress
Unpublished BIA decision orders further consideration of respondent’s motion to suppress, because the IJ made clearly erroneous factual findings regarding whether ICE agents possessed a warrant or were given consent to enter his home. Special thanks to IRAC. (Matter of Leiva, 5/14/15)
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.
ICE Announces Series of Actions Related to Family Detention Centers
ICE news release on actions it will be taking on oversight for family detention centers, including a review process for families detained beyond 90 days, providing dedicated work space for pro bono attorneys, designation of a senior ICE official to review facility policies, and other reforms.
Representatives Call for End to Family Detention
On 5/13/15, Representatives Luis V. Gutiérrez (D- IL), Lucille Roybal-Allard (D-CA), and Zoe Lofgren (D-CA) issued a statement calling on DHS to end its family detention policy after a new set of actions was announced by ICE.
DHS OIG Report on Collection of Prosecutorial Discretion Data
DHS OIG report titled “DHS Missing Data Needed to Strengthen Its Immigration Enforcement Efforts,” finding that “DHS may not be using its significant investment in immigration enforcement as efficiently as possible” and recommending that DHS collect data on the use of prosecutorial discretion.
CA8 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Reopen
The court denied motion to reopen and motion to reconsider, finding that the Guatemalan petitioner did not demonstrate through evidence that the death of his friend in Guatemala reflected a change in country conditions there. (Martinez v. Lynch, 5/12/15)
AILA Quicktake #125: First Asylum Win in Dilley
AILA member and CARA Family Detention Pro Bono Project volunteer Kim Hunter shares the news of her client's asylum victory after her client was detained in the Dilley family detention facility.
BIA Finds LPR Who Adjusts Status In U.S. Is Not Barred from §212(h) Waiver Due to Aggravated Felony Conviction
The BIA held that a respondent who adjusted status in the U.S., and who has not entered as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h), as a result of an aggravated felony conviction. Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015)
CRS Report on State Challenges to Federal Enforcement of Immigration Law
A Congressional Research Service (CRS) report on state challenges to federal enforcement of immigration law, including historical precedents and pending litigation in Texas v. United States.
CA7 Reaffirms That 212(h) Waivers Are Not Available Nunc Pro Tunc
The court held that nunc pro tunc waivers under INA §212(h) are not available on a “stand alone” basis to a petitioner, and that a petitioner must request a waiver of inadmissibility in conjunction with an application for adjustment of status. (Palma-Martinez v. Lynch, 5/11/15)
Letter from Congress Calling for DHS Accountability on Immigration Enforcement Priorities
A 5/11/15 letter to Secretary Jeh Johnson from 39 members of Congress, requesting that DHS adhere to the November 2014 enforcement priorities, stating that ICE failed to apply, or inconsistently applies, mandated exceptions and, in some cases, even targeted individuals outside the priorities.
Sign-On Letter Calling for an End to Family Detention
A 5/11/15 sign-on letter from 188 organizations calling on President Obama to end the detention of children and mothers fleeing violence in Central America.
BIA Holds Pendency of State Court Dependency Hearing Constituted Good Cause for Continuance
Unpublished BIA decision holds that respondent established good cause for 90-day continuance by presenting notice of a state court hearing to determine his eligibility for Special Immigrant Juvenile status. Special thanks to IRAC. (Matter of R-S-P-, 5/11/15)
CA9 Upholds BIA’s Discretionary Determination Under Matter of Jean Standard
The court dismissed in part and denied in part the petition for review, holding that the BIA's discretionary decision that petitioner's sexual battery offense was a violent or dangerous crime was not subject to judicial review under 8 U.S.C. §1252(a)(2)(B). (Torres-Valdivias v. Lynch, 5/8/15)
Judge Orders Rehearing in CA9 Decision that Overturned BIA's Decision in Almanza-Arenas
The court overturned a BIA published decision, holding that because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in applying the modified categorical approach. (Almanza-Arenas v. Holder, 11/10/14)
CRS Report on Immigration Detainers
A Congressional Research Service (CRS) report on immigration detainers, including ICE detainer regulations and practices, state and local compliance, custody determinations, and constitutional issues.