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.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
The President’s Immigration Accountability Executive Actions
Based on a briefing on 11/20/14 by the White House, the following is a summary of the elements expected to be part of the Administration’s announcement of executive actions on immigration. AILA’s understanding is that details (and memos) are still being finalized at this time.
2014 Executive Action White House Pocket Card
A 11/20/14 White House produced a pocket guide for understanding the President’s 2014 executive action on immigration.
White House Fact Sheet on 2014 Executive Action
An 11/20/14 White House fact sheet on the President’s 2014 executive action on immigration.
White House Talking Points on 2014 Executive Action
Talking points produced by the White House on 11/20/14 on the President’s 2014 executive action on immigration.
DHS Memo on ICE Personnel Reform
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the Personnel Reform for Immigration and Customs Enforcement Officers included in the 2014 Executive Action.
DHS Memo Discontinuing Secure Communities
A 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the dismantling of the Secure Communities program included in the 2014 Executive Action.
DHS Memo with Updated Policies on the Apprehension, Detention, and Removal of Undocumented Immigrants
An 11/20/14 memo from Department of Homeland Security Secretary Jeh Johnson outlining the details of the prosecutorial discretion directives included in the 2014 Executive Action.
DHS Memo on Exercising Prosecutorial Discretion and Deferred Action
An 11/20/14 memo from DHS Secretary Johnson to USCIS, ICE, and CBP on exercising prosecutorial discretion (PD) for individuals who came to the U.S. as children and to certain individuals whose parents are U.S. citizens or permanent residents. This memo supplements and amends the 6/15/12 PD DHS memo.
BIA Reverses Finding that Adjustment Application Was Abandoned
Unpublished BIA decision finds IJ erred in deeming adjustment abandoned for failure to submit tax record by court-imposed deadline. The BIA held that IJ may only deem the opportunity to file supporting documents to be waived. Special thanks to IRAC. (Matter of Opoku, 11/20/14)
Letter to President Obama from Refugee and Asylee Groups on Family Detention
An 11/20/14 letter from AILA and refugees and asylum organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
BIA Remands Motion to Reopen Denial for Russian Respondent
Unpublished BIA decision remanding, finding that given the current country conditions in Russia, the events described by respondent establish a reasonable likelihood that statutory requirements for relief sought have been satisfied. Courtesy of Alexander Segal.
DHS Authority to Prioritize and Defer Removal
DOJ Office of Legal Counsel memorandum to DHS and the President concluding that DHS’s proposed prioritization policy and deferred action for parents of USCs and LPRs would be legally permissible, but that a proposed deferred action program for parents of DACA recipients would not be permissible.
TRAC Report Finds Immigration Court Filings Rise by 12%
TRAC report finding that during FY2014, DHS filed 222,956 removal orders in immigration court, up 12.2% from FY2013. Despite the increase, there was a substantial drop in the removals based on allegations of criminal activity. Only 20,217 of the total FY2014 filings were based on a criminal offense.
AILA Quicktake #109: Artesia Closing
Lead attorney for the Artesia Pro Bono Project Christina Brown shares what's happening on the ground in Artesia after ICE’s announcement that the Artesia family detention will be closed as a larger facility in Dilley, Texas, opens.
CA9 Says BIA Erred in Concluding California Spousal Abuse Is a CIMT
The panel held the BIA erred by looking to evidence outside the record of conviction to conclude that petitioner was convicted of spousal abuse under California Penal Code §273.5(a), and also remanded to consider if he was eligible for petty offense exception. (Vargas v. Holder, 11/19/14)
CA4 Says Stop-Time Rule Has Impermissible Retroactive Effect on 1995 Theft Offense
The court remanded, finding that the 1996 stop-time rule of INA §240A(d)(1) had an impermissible retroactive effect on petitioner’s 1995 credit card theft offense and he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jaghoori v. Holder, 11/18/14)
Practice Pointer: Raising DACA Cases Denied Because of Administrative Error
NSC Liaison Committee practice pointer on how to raise DACA cases that are denied because of administrative error.
AILA: Administration’s Shell Game Doesn’t Change the Need to End Inhumane Family Detention
As ICE announced the imminent closure of the Artesia, NM detention facility and the shift to new facilities in Texas, AILA Executive Director Crystal Williams stated, “All this does is move the shame of detaining children and their mothers to a different state without solving a single problem.”
ICE To Close Artesia, Moves Forward with Opening Dilley
ICE press release announcing that as of 11/7/14, ICE ceased intake of individuals at the Artesia detention center and has begun the draw-down process to cease operations at Artesia by the end of 2014. ICE plans to open a new family detention center in Dilley, Texas in December 2014.
Letter to President Obama on Family Detention and Executive Action
A 11/18/14 letter from AILA and 135 advocacy, legal, service and other organizations to President Obama urging him to address the fundamental problems with the detention and expedited deportation of children and their mothers as he considers taking executive action to reform the immigration system.
BIA Terminates Proceedings In Interest of Justice Despite Prior Concession of Removability
Unpublished BIA decision terminates proceedings in the interest of justice and despite prior concession of removability by pro se respondent upon finding misdemeanor assault under Ariz. Rev. Stat. 13-1203(a)(1) is not a crime of violence. Special thanks to IRAC. (Matter of N-V-, 11/18/14)
AILA Liaison/NBC Q&As (11/18/14)
Q&As from the AILA NBC Liaison Committee’s 11/18/14 meeting with USCIS National Benefits Center. Topics include: new initiatives and staffing changes; I-601A adjudication, RFEs and denials; I-191s; interview-waiver and VAWA adjustment of status cases; G-28 issues and I-824 processing.
AILA Comments on EOIR Proposed Rule on Separate Representation for Custody and Bond Proceedings
AILA’s comments in response to EOIR’s proposed rule, published in the Federal Register on 9/17/14, to allow a representative before EOIR to enter an appearance in custody and bond proceedings, without such appearance constituting an entry for all of the respondent’s proceedings.
NIJC Infographic Showing How Erroneous Expedited Removals Derail Future Asylum Claims
Infographic created by NIJC to illustrate how CBP officers’ failure to properly screen individuals to determine whether they have a fear of returning to their home countries can lead to erroneous expedited removals and derail future asylum claims.
CA8 Says Petitioner Did Not Present Sufficient Evidence of Fourth Amendment Violations
The court found petitioner did not present sufficient evidence that the officer egregiously violated his Fourth Amendment rights, and the lack of opportunity to cross examine the immigration officer who prepared Form I-213 did not deny him due process. (Chavez-Castillo v. Holder, 11/17/14)