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
Deplorable Medical Treatment at Family Detention Centers
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General on behalf of ten detained mothers by the American Immigration Council, AILA, CLINIC, Immigrant Justice Corps, RAICES, and the Women’s Refugee Commission.
Public Version of Complaint to CRCL
Public version of CRCL complaint with ten individual case summaries documenting ICE’s failure to provide adequate medical care to mothers and children in family detention facilities.
Summaries of the 10 Individual Cases
Ten individual case summaries documenting ICE’s failure to provide adequate medical care to mothers and children in family detention facilities.
Press Release: Deplorable Medical Treatment at Family Detention Centers
Press release from AILA and five other organizations announcing the lodging of complaints by mothers with DHS Offices for Civil Rights and Civil Liberties and Inspector General regarding the deplorable medical care they and their children received while detained by DHS.
BIA Reverses Denial of Joint Motion to Administratively Close Proceedings
Unpublished BIA decision grants interlocutory appeal and reverses decision denying joint motion to administratively close proceedings, stating that IJ failed to consider circumstances of case or agreement of the parties. Special thanks to IRAC. (Matter of Parada, 7/30/15)
DHS Announces Establishment of ICE Advisory Committee on Family Residential Centers
DHS announces the establishment of the ICE Advisory Committee on Family Residential Centers (ACFRC) and invites the public to nominate individuals for one-year, two-year, and three-year term appointments. Nominations must be submitted by 8/1/15. (80 FR 45227, 7/29/15)
CA1 Upholds Asylum Denial for Petitioner Who Fled Guatemala During Civil War
The court upheld BIA's denial of petitioner's asylum claims, finding that petitioner failed to establish he reasonably feared future persecution based on his membership in a particular social group, which he defined as "members opposed to gang membership." (Paiz-Morales v. Lynch, 7/29/15)
Backgrounder on New Developments in the Flores Litigation
A backgrounder answering basic questions about Judge Gee’s July 24 ruling that the Administration’s family detention policies do not comply with the Flores Settlement Agreement.
DHS CRCL FY2014 Annual Report to Congress
DHS CRCL FY2014 Annual Report to Congress detailing CRCL’s priorities and activities in FY2014, including implementing confidentiality provisions in accordance with the VAWA 2013 Reauthorization Act, responding to UAC border crossings, conducting investigations at detention facilities, and more.
Practice Alert: USCIS Taking Extreme Measures to Retrieve Erroneously Issued 3-Year DACA EAD
In response to the injunction in Texas v. United States, USCIS is requiring individuals with 3-year EADs that were issued after the injunction to return their EADs to USCIS.
Letter to ICE Director Saldaña Regarding Recent Release Practices at Dilley and Karnes
A 7/27/15 letter from CARA Pro Bono Project to ICE Director Saldaña regarding the coercion and confusion surrounding recent releases from Dilley and Karnes, and the lack of information provided to families before they leave the facility and recent ICE actions undermining the right to counsel.
Incarcerated Children and Mothers Denied Due Process and Critical Information Before Release
The CARA Family Detention Pro Bono Project called Immigration and Customs Enforcement (ICE) to account for the cascade of due process violations and detrimental practices at the South Texas Family Residential Center in Dilley, Texas, and at the Karnes County Residential Center in Karnes City, Texas.
AILA Quicktake #133: Flores v. Johnson Ruling
U.S. District Judge Dolly Gee ruled in Flores v. Johnson—a decision that should signal the end of the mass incarceration of children and mothers seeking asylum in the U.S. In this Quicktake, AILA Executive Director Crystal Williams explains the decision and discusses what is coming next.
USCIS Alert: Some DACA Recipients Who Received Three-Year EADs Must Return Them Immediately
USCIS alert announcing that the three-year DACA EAD recall only applies to some individuals who received a card after 2/16/15. Alert outlines who is impacted and steps that should be taken if the EAD needs to be returned. USCIS will terminate DACA if impacted cards are not returned by 7/31/15.
Judge Stands Up for Refugee Families, Castigates Government for Policies that Traumatize Children
The American Immigration Lawyers Association and the American Immigration Council welcomed a ruling in Flores v. Johnson by U.S. District Judge Dolly Gee that should signal the end of the mass incarceration of children and mothers seeking asylum in the U.S.
USCIS Quick Facts on Three-Year EADS Issues Post Injunction
USCIS provides information for DACA recipients who received three-year EADS post-injunction, including information on who is affected, failure to return the EAD, where to return the EAD, duplicate notification, and home visits.
BIA Finds NTA Did Not Terminate Continuous Physical Presence
The BIA held that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have "stop-time" effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the INA. Matter of Ordaz, 26 I&N Dec. 637 (BIA 2015)
District Court Finds DHS in Breach of Flores Agreement
District Court Judge finds DHS in breach of the Flores agreement and grants plaintiffs’ motion to enforce. DHS has until 8/3/15 to file a response, and plaintiffs have until 8/10/15 to file a response, after that the matter will stand as submitted. (Flores v. Johnson, 7/24/15)
BIA Holds North Carolina Paraphernalia Statute Not a Controlled Substance Offense
Unpublished BIA decision terminates proceedings under Mellouli v. Lynch, 135 S. Ct. 1980 (2015), against respondent convicted of possession with intent to use drug paraphernalia under N.C.G.S. 90-113.22. Special thanks to IRAC. (Matter of Morris, 7/23/15)
A Humane Approach Can Work: The Effectiveness of Alternatives to Detention for Asylum Seekers
This American Immigration Council report reviews emerging research on the release of asylum seekers from detention, including the impact of various forms of alternatives to detention, and summarizes the primary harms caused by immigration detention.
CA5 Says Immigrants Whose Removal Orders Have Been Reinstated Are Not Eligible for Asylum
The court held that INA §241(a)(5)'s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum. (Ramirez-Mejia v. Lynch, 7/21/15)
USCIS Fact Sheet on Post-Injunction Three-Year DACA EADs
USCIS updated information on USCIS efforts to secure the return of post-injunction three-year EADs issued to DACA recipients. USCIS is re-issuing corrected two-year EADs to these individuals and has updated their records to reflect a two-year period of deferred action and employment authorization.
CA8 Rejects Due Process Claims and Upholds Denial of Asylum for Bosnian Petitioners
The court upheld the BIA's denial of asylum, finding that the BIA’s rejection of the Bosnian petitioners' due process claims was supported by substantial evidence, and that the petitioners were accorded due process. (Nanic v. Lynch, 7/20/15)
USCIS Comment Request on Proposed Revisions to Form EOIR-58
USCIS 30-day notice of an extension to the comment request period for proposed revisions to Form EOIR-58, Unfair Immigration-Related Employment Practices Complaint Form. Comments are now due by 8/19/15. (80 FR 42840, 7/20/15)
EOIR Headquarters Announces Return to 22041 Zip Code
EOIR notice announcing that effective 7/27/15, all mail addressed to EOIR Headquarters in Falls Church, VA should be addressed using the 22041 zip code. This announcement supersedes the 10/1/13 change, restoring the EOIR Headquarters zip code that was used prior to that date.