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
Letter to Director Rodriguez on DACA Renewal Processing Times
A 12/12/14 letter from AILA to USCIS Director León Rodríguez, expressing concern over serious delays in processing renewal Deferred Action for Childhood Arrivals (DACA) applications, and asking USCIS to automatically extend work authorization to DACA renewal applicants.
VOICE: December 2014
In the December 2014 VOICE, learn about the importance of a solid game plan when handling removal cases, one attorney and mother’s path to starting her own practice, tips on pursuing an internship, the benefits of AILA’s liability insurance, and more!
BIA Finds Respondent Has “Absolute Right” to View A-File
Unpublished BIA decision remands record to allow DHS to comply with Dent v. Holder, 627 F.3d 365 (9th Cir. 2010), which it says provides respondents an “absolute right” to view contents of A-file. Special thanks to IRAC. (Matter of Lopez-Lopez, 12/11/14)
BIA Finds Violation of Protective Order Must Relate to Domestic Violence
Unpublished BIA decision orders further consideration of whether respondent is removable under INA 237(a)(2)(E)(ii) because the IJ did not determine whether the protective order he violated was issued to prevent domestic violence. Special thanks to IRAC. (Matter of Umanzor Cabrera, 12/11/14)
DHS OIG Alert on Safety Issues at ICE Facility in San Pedro, CA
DHS Office of Inspector General (OIG) management alert on 12/11/14 identifying serious safety issues at the San Pedro, CA Service Processing Center and recommending that the building be vacated immediately until all safety issues are corrected or until ICE determines the facility is safe.
AILA Statement for Senate Judiciary Hearing on Keeping Families Together
AILA statement submitted to the Senate Judiciary Committee for the 12/10/14 hearing on " Keeping Families Together: The President’s Executive Action On Immigration And The Need To Pass Comprehensive Reform."
BIA Says Respondent Is Eligible for Withholding on Account of His Political Opinion
Unpublished BIA decision sustaining appeal from withholding denial, finding the violence and intimidation that respondent faced in Belarus, including being convicted and detained for 15 days, and having been kicked and punched by the police, constitute past persecution. Courtesy of Alexander Segal.
BIA on Continuous Physical Presence for Cancellation of Removal
The BIA held an alien’s departure from the U.S. following a criminal conviction for illegal entry under INA §275(a)(1), interrupts 10-year period of continuous physical presence required to establish cancellation under INA §240A(b)(1). Matter of Velasquez-Cruz, 26 I&N, Dec. 445 (BIA 2014)
BIA Finds IJ Should Have Granted Newly Retained Attorney Additional Time to Prepare
Unpublished BIA decision finds the IJ erred in failing to continue proceedings to allow the respondent’s newly retained attorney additional time to review the record and prepare her case. Special thanks to IRAC. (Matter of Moses, 12/9/14)
Do You Have a “Former Gang Member” Case on Appeal to a Circuit Court? Tell the AILA Amicus Committee!
AILA's Amicus Committee seeks asylum/withholding cases currently on appeal to a circuit court, where the BIA has applied its recent precedent, Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and refused to recognize a proposed "particular social group" composed of former gang members.
DHS Fact Sheet on Department of Justice Racial Profiling Guidance
DHS fact sheet on U.S. Department of Justice racial profiling guidance and its application to Department of Homeland Security activities.
Practice Advisory: Preventing Removal of DAPA- or Expanded DACA-Eligible Individuals
The American Immigration Council and the National Immigration Project issued a joint practice advisory that offers strategies to facilitate the release from custody or prevent the removal of individuals who qualify for Expanded DACA or DAPA or are otherwise not enforcement priorities.
CA2 Finds Economic Harm May Amount to Fear of Future Persecution
The court granted the petition as it pertained to feared future persecution, finding that imposition of an extraordinarily severe fine, even without payment, can support an alien’s well-founded fear of future economic persecution if returned to his native country. (Chen v. Holder, 12/5/14)
BIA Finds Attorney Did Not Voluntarily Waive Client’s Right to Appeal
Unpublished BIA decision finds an attorney’s waiver of appeal was not voluntary because the waiver was made after the IJ said the attorney would be subject to sanctions for filing a frivolous appeal. Special thanks to IRAC. (Matter of Fairclough, 12/4/14)
Letter to Senate Appropriators on EOIR Funding
A 12/4/14 letter from AILA and other advocacy, legal, service and other organizations to Senate Appropriations Chair Mikulski (D-MD) and Ranking Member Shelby (R-AL) asking for increased funding for the immigration courts, legal counsel for vulnerable populations and legal orientation programs.
Letter to Senate Appropriators on Detention Funding
A 12/4/14 letter from AILA and numerous other advocacy, legal, service and other organizations to Senate Appropriations Committee members asking them to reject any family detention funding and increase the funding for alternatives to detention.
District Court Complaint Alleges Immigration Actions Violate Constitution and APA
Complaint filed by 17 states in U.S. district court seeking declaratory and injunctive relief, alleging that the Obama Administration’s immigration executive actions violate Take Care Clause of U.S. Constitution and Administrative Procedure Act (APA). (Texas, et. al, v. U.S., 12/3/14)
AILA Liaison Notes from Teleconference with USCIS Customer Service (12/2/14)
AILA notes from 12/2/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including: the new myUSCIS system, DACA renewal processing times, Secure Mail Initiative and LPR card issues, and Lockbox procedures.
AILA Statement for House Judiciary Hearing on Executive Action
AILA statement submitted to the House Judiciary Committee for the 12/2/14 hearing on "President Obama's Executive Overreach on Immigration."
AILA Statement for House Homeland Hearing on Executive Action
AILA statement submitted to the House Homeland Security Committee for the 12/2/14 hearing on "Open Borders: The Impact of Presidential Amnesty on Border Security."
DOJ OIL December 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2014, with an article on Abdisalan v. Holder and a report on ICE’s enforcement and removal operations, as well as summaries of circuit court decisions for December 2014.
Immigration Law Advisor, November-December 2014 (Vol. 8, No. 9)
The November-December 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the immigration consequences of a burglary conviction, circuit court decisions for October and November 2014, recent BIA precedent decisions, and a regulatory update.
EOIR Relocating Memphis Immigration Court
EOIR press release announcing that the Memphis Immigration Court will close on 12/10/14 at noon to prepare for relocation. The Memphis Immigration Court will recommence hearings at its new location on 12/15/14. New contact information is included in the notice.
Former General and Chief Counsels Affirm Law Professor Letter on Presidential Authority to Exercise Discretion
A letter from former General Counsels of INS and former Chief Counsels of USCIS affirming that they agree wholeheartedly with the legal analysis and conclusions of law professors on the legal basis for granting certain noncitizens in the U.S. deferred action as a temporary reprieve from deportation.
BIA Finds Federal Computer Intrusion is Not a CIMT
Unpublished BIA decision finds computer intrusion under 18 U.S.C. 1030(a)(5)(A)(i) and (B)(i) is not a crime involving moral turpitude (CIMT). Special thanks to IRAC. (Matter of Makwana, 11/26/14)