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 Upholds Grant of Cancellation of Removal Despite Inconclusive Record of Conviction
Unpublished BIA decision holds inconclusive record of conviction does not preclude a respondent from establishing eligibility for cancellation of removal under the U.S. Supreme Court’s decision in Moncrieffe v. Holder. Special thanks to IRAC. (Matter of E-H-, 5/20/15)
CA9 Says Grand Theft Conviction in California Not a Categorical Aggravated Felony
The court held that the petitioner’s grand theft offense was not a categorical aggravated felony under California Penal Code §487(a), and that his waiver of his right to appeal to the BIA was not considered and intelligent. (Garcia v. Lynch, 5/20/15)
CA8 Says It Lacks Jurisdiction to Review Hardship Claim
The court denied the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny petitioner’s claim of exceptional and extremely unusual hardship to his son. (Salas-Caballero v. Lynch, 5/20/15)
EOIR Announces New Office of Legislative and Public Affairs Staff
EOIR notice announcing the hiring of two new personnel in the Office of Legislative and Public Affairs (OLPA). Nathan Berkeley joins the OLPA at Headquarters as the first outreach director and LaFondra Lynch will serve in Atlanta as the agency’s first regional public information officer (PIO).
CA5 Holds “Sole Legal Custody” Required Only in Cases with Joint Custody Order
The court held that BIA misinterpreted the reach of Bustamante-Barrera v. Gonzales, which requires “sole legal custody” only when an alien minor’s parents have a joint custody order following divorce or judicial separation. (Kamara v. Lynch, 5/18/15)
CA9 Says ICE Detention May Be Credited Toward Criminal Sentence
The court reversed, finding that if ICE detains an immigrant during a period of potential criminal prosecution, then he or she is subsequently entitled to credit toward a criminal sentence in accordance with the meaning of “official detention” under 18 USC §3585(b). (Zavala v. Ives, 5/18/15)
BIA Finds Adjustment of Status Is an Admission for Fraud Waiver Eligibility Purposes
The BIA held that adjustment of status constitutes an admission for purposes of determining an immigrant’s eligibility to apply for a waiver under §237(a)(1)(H) of the INA. Matter of Agour, 26 I&N Dec. 566 (BIA 2015)
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 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.
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.”
Senator Reid Statement On Administration’s Decision To Review Family Detention Policies
On 5/15/15, Senator Harry Reid (D-NV) reacted to the ICE family detention announcement, stating “…the proposed reforms are not enough. Ending family detention is the only answer. Detaining mothers and their children who are fleeing extreme poverty, persecution, abuse and violence is unacceptable...”
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)
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 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)
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)
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 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.”
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.”
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.
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.
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.
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.