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
National Sign-On Letter to DHS on Implementation of November 2014 PD Policy
A 4/15/15 letter from AILA and more than 100 other organizations to DHS Secretary Jeh Johnson expressing concern about the implementation of the November 2014 memorandum on prosecutorial discretion (PD) and enforcement priorities.
BIA Permits Withdrawal of Erroneous and Prejudicial Attorney Concession
Unpublished BIA decision allows withdrawal of erroneous concession that respondent entered without inspection, noting that it was not a tactical decision because it rendered the respondent ineligible to adjust. Special thanks to IRAC. (Matter of Herrera Lopez, 4/15/15)
TRAC Report Finds El Salvador, Honduras, and Guatemala Account for 38% of Immigration Court Filings
A TRAC report found that three Central American countries—El Salvador, Guatemala, and Honduras—account for over a third (38 percent) of removal orders sought by DHS so far for FY2015. During FY2014, these three countries made up over half (55 percent) of filings in U.S. Immigration Court.
EOIR Announces Change to Immigration Judges Hearing Cases Out of Dilley
EOIR news release stating that it will reassign immigration cases originating at the Dilley hearing location from the Denver Immigration Court to the Miami Immigration Court. Miami IJs will also conduct credible fear reviews in cases that DHS refers to EOIR on or after 5/1/15.
District Court Says IJs in Seattle and Tacoma Immigration Courts Must Consider Conditional Parole
The court granted plaintiff’s motion for summary judgment and ordered declaratory and injunctive relief, holding that IJs in Seattle and Tacoma presiding over bond hearings must consider whether to grant conditional parole in lieu of imposing a monetary bond. (Rivera v. Holder, 4/13/15)
IJ Reopens Removal Proceedings Sua Sponte Based on Approved U Visa
The IJ granted the respondent's motion to reopen the removal proceedings sua sponte, based on the respondent's approved U visa nonimmigrant status. Courtesy of Marc Esquenazi.
AILA Quicktake #124: Deferred Action Litigation Update
Patrick Taurel, American Immigration Council's DACA Legal Services Fellow, provides updates on two rulings made this week in Crane v. Johnson and Texas v. United States regarding President Obama's 2012 and 2014 deferred action programs.
AILA Talking Points on Prosecutorial Discretion
AILA talking points explaining prosecutorial discretion and the November 20, 2014, DHS memorandum on enforcement priorities, “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants.”
CA9 Vacates Sentence of Defendant Who Pleaded Guilty to Illegal Re-entry
The court vacated the defendant's sentence for illegal re-entry and remanded for resentencing, holding that the government improperly withheld a motion for a third-level reduction for acceptance of responsibility. (United States v. Sahagun-Gallegos, 4/10/15)
CA9 Says One Form of Imputed Political Opinion Is Perceived Whistleblowing
The court granted, in part, a petition for review of BIA’s denial of asylum and withholding of removal, finding that BIA failed to consider whether petitioner had established the requisite nexus to a protected ground based on his imputed whistleblowing. (Khudaverdyan v. Holder, 2/27/15)
CA2 Remands to Consider Whether Misprision of Felony Is a CIMT
The court concluded that the BIA should determine whether it still adheres to the position that misprision of felony qualifies as a “crime involving moral turpitude,” and if so, whether the BIA’s position can be applied retroactively to petitioner’s case. (Lugo v. Holder, 4/9/15)
CA8 Upholds Denial Where Persecutor Was Motivated By Personal Retribution
The court upheld the denial of asylum, because petitioner’s persecutor was motivated by personal retribution, and fear of personal retribution alone is not a valid basis for asylum. (Martinez-Galarza v. Holder, 4/9/15)
BIA Terminates Proceedings Under Personal Use of Marijuana Exception
Unpublished BIA decision terminates proceedings, because DHS failed to establish what portion of 110 grams of marijuana that respondent and co-defendant were convicted of possessing belonged to respondent himself. Special thanks to IRAC. (Matter of Mercehlski, 4/9/15)
AILA Amicus Brief on Use of the Modified Categorical Approach Under Descamps
AILA amicus brief filed with the Fifth Circuit in Garcia v. Holder arguing that a statute is divisible, and thus permits use of the modified categorical approach under Descamps, only if there is an alternative set of elements that has to be proven.
CA5 Affirms Dismissal of Plaintiffs' Claims in DACA Case
The court held that Mississippi and ICE agents lacked standing to challenge DACA, because they failed to allege a sufficiently concrete and particularized injury, and that the DACA program is a valid exercise of prosecutorial discretion. (Crane v. Johnson, 4/7/15)
USCIS Message: Timing of DACA Renewal Applications
USCIS message on timing for filing DACA renewal applications, stating that on 3/27/15, USCIS began mailing renewal reminder notices to DACA recipients 180 days prior to the expiration date of their current period of DACA. Previously, these reminder notices were mailed 100 days in advance.
BIA Remands to Allow Immigration Judge to Determine Applicant Competency
In an unpublished decision, the BIA held that the immigration judge should have taken measures to determine whether the applicant was competent to participate in immigration proceedings, and remanded the case for further proceedings. Courtesy of Edgardo Quintanilla.
BIA Remands Asylum Claim and Finds Petitioner Suffered Past Persecution
Unpublished BIA decision finding that remand is warranted for the IJ to allow DHS an opportunity to rebut the presumption that the respondent, who suffered incidents of abuse and interrogation during a six-day detention in China, has a well-founded fear of persecution. Courtesy of Donglai Yang.
USCIS Alert Regarding Immigration Scams on Expanded DACA/DAPA
USCIS alert reminding stakeholders that due to a temporary injunction issued in Texas v. United States, USCIS has been prevented from accepting requests under the expanded DACA guidelines and suspended plans to accept requests for DAPA.
EOIR OPPM 15-01: Hearing Procedures for Cases Covered by New DHS Priorities and Initiatives (Rescinded 6/15/17)
This memo was rescinded 6/15/17. EOIR OPPM 15-01 on hearing procedures for cases covered by the 11/20/14 DHS priorities and initiatives. ICE should review cases prior to hearings and be prepared to indicate if the case is a priority. Judges are encouraged to use docketing tools to resolve cases.
AILA Quicktake #122: CARA Family Detention Pro Bono Project
AILA's Director of Practice and Professionalism Reid Trautz shares why the new CARA project, made up of AILA, the Catholic Legal Immigration Network, the American Immigration Council, and the Refugee and Immigrant Center for Education and Legal Services, is so important to ended family detention.
ICE Guidance on Cases Pending Before EOIR Impacted by Secretary Johnson’s 11/20/14 PD Memo
ICE memo with additional guidance to Office of the Principal Legal Advisor (OPLA) attorneys regarding pending proceedings involving individuals who may fall outside of the revised DHS enforcement priorities in light of Secretary Johnson’s 11/20/14 prosecutorial discretion memo.
AILA Amicus Brief Argues Individuals Subject to Reinstatement Can Be Eligible for Asylum
AILA amicus brief filed with the Eleventh Circuit in Lanza v. Holder, arguing that an individual is who is subject to reinstatement of removal is still eligible to apply for asylum, and should not be placed in “withholding only” proceedings.
CA1 Interprets Entry and Assistance in Alien Smuggling Act
The court held that the Alien Smuggling Act meant that an entry requires more than mere physical presence and requires freedom from official restraint; that assistance requires affirmative acts; and that there is no humanitarian mens rea exception. (Dimova v. Holder, 4/3/15)
CA9 Denies Petition for Panel Rehearing Following Sua Sponte Call
The court denied the petition for panel rehearing, following a sua sponte call for a vote on rehearing the case en banc made by an active judge of the court. (Rendon v. Holder, 4/2/15)