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
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Unpublished BIA decision finds an attorney’s waiver of appeal was not voluntary because the waiver was made after the IJ said the attorney would be subject to sanctions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."
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.
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.
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)
BIA Finds Misdemeanor California False Imprisonment Is Not a CIMT
Unpublished BIA decision remands and finds misdemeanor false imprisonment under Cal. Penal Code 236 is not a CIMT under the categorical approach and that the statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of B-G-, 11/25/14)
BIA Finds Allegations in Affidavit Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision orders further consideration of motion to suppress upon finding allegations involving warrantless home entry by ICE agents constituted egregious Fourth Amendment violation. Special thanks to IRAC. (Matter of Espana, 11/25/14)
USCIS Additional Comment Period on Form I-212
USCIS 30-day notice of request for additional comments on Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. Comments are now due 12/24/14. (79 FR 69875, 11/24/14)
Legal Scholars Letter on President Authority to Exercise Discretion
A letter from 135 law professors on the legal basis for granting certain noncitizens in the United States “deferred action” status as a temporary reprieve from deportation.
TRAC Report Finds Unaccompanied Children Are Represented in One-Third of Cases
TRAC report finding that unaccompanied children are represented by an attorney in only about one-third (32%) of 63,721 cases pending in immigration court as of 10/3/14. For cases decided before FY2012, nearly 73% of children who were represented were allowed to remain in the U.S.
AIM: Artesia from a Distance
For November's Interview of the Month, member of AILA's Media Advocacy Committee and Artesia volunteer Dree Collopy discusses returning from Artesia and taking a case through merits for an Artesia client while being long-distance.
BIA Finds Alleged Facts Constitute Egregious Fourth Amendment Violation
Unpublished BIA decision vacating and remanding, finding petitioner is entitled to a hearing in support of his motion to suppress evidence since the alleged facts regarding the unlawful search and seizure constitute an egregious violation of the Fourth Amendment. Courtesy of Jonathan S. Greene.
USCIS Additional Comment Period on Form I-690
USCIS 30-day notice of request for additional comments on Form I-690, Application for Waiver of Grounds for Excludability. Comments are now due 12/24/14. (79 FR 69873, 11/24/14)
CA4 Says Petitioner Who Falsely Claims Citizenship on Form I-9 Is Inadmissible
The court held that the petitioner falsely claimed to be a U.S. citizen on Forms I-9 in seeking the immigration benefit of private employment and is inadmissible under the false claim bar, and the BIA correctly affirmed that he is not eligible for adjustment. (Dakura v. Holder, 11/24/14)