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
AILA’s Take on President Obama’s Immigration Executive Action
AILA’s summary and analysis of President Obama’s “Immigration Accountability Executive Action” plan announced 11/20/14.
EOIR Swears in Two Immigration Judges
EOIR press release that Glen Baker has been sworn in as an Immigration Judge in the Salt Lake City Immigration Court and that Myrna Mesa has been sworn in as an Immigration Judge in the New Orleans Immigration Court.
CRS Report on Obama’s November 2014 Immigration Initiatives
Congressional Research Service (CRS) report on the Obama Administration’s November 2014 immigration initiatives. The report discusses what actions are being taken, legal authority and constraints, DACA, standing for challenging the initiatives, and historical precedent for the actions.
BIA Orders Further Consideration of Request for Continuance
Unpublished BIA decision orders further consideration of request for continuance because IJ voiced concerns about internal case completion goals without analyzing merits of respondent’s motion. Special thanks to IRAC. (Matter of Kharbach, 11/24/14)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (11/21/14)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 11/21/14. Topics include body cameras, use of force training, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
AILA/CBP Liaison Q&As (11/21/14)
Official questions and answers from the 11/21/14 AILA liaison meeting with CBP. Topics include body cameras, use of force training, temperatures at CBP detention facilities, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
DHS Memo on Parole for Families of U.S. Armed Forces Members and Enlistees
A 11/20/14 memo from DHS directing USCIS to issue new policies on use of parole-in-place and deferred action for certain family members of enlistees and the availability of deferred action to undocumented family members of U.S. military members and veterans who were inspected and lawfully admitted.
President Remarks on Executive Action on 11/21/14
The transcript of President Obama’s 11/21/14 remarks in Las Vegas, Nevada on his plans to use his executive authority to take action on immigration, including providing protection from deportation for parents of U.S. citizen and lawful permanent resident children.
AILA Quicktake #110: President Obama's Executive Action Announcement
AILA President Leslie Holman responds to President Obama's announcement on executive action, where is he is using his legal authority to protect millions of people from deportation and fix some other parts of our broken immigration system.
CA5 Finds BIA Abused its Discretion by Denying MTR
The court found the BIA committed legal error by determining that the petitioner was properly given notice through a notice of hearing addressed to the petitioner’s brother, and therefore abused its discretion by denying the motion to reopen (MTR). (Barrios-Cantarero v. Holder, 11/21/14)
District Court Complaint Seeks to Enjoin Executive Actions on Immigration
Complaint filed on behalf of Arizona Sheriff Joe Arpaio, seeking to enjoin the DACA program and President Obama’s executive actions on immigration, alleging that they are unconstitutional, violate the APA, and will cause irreversible harm. (Arpaio v. Obama, 11/20/14)
AILA Amicus Brief Argues Colorado Third Degree Assault Is Not CIMT
AILA amicus brief arguing that Colorado third degree assault is not a divisible statute, and because the least culpable conduct does not involve moral turpitude, a conviction is categorically not a crime involving moral turpitude.
BIA on Assessing Recognition for Organization Associated with For-Profit Venture
The BIA held that where an organization is associated with a for-profit venture, the BIA will not approve an application for recognition unless it is confident it will not be influenced by pecuniary interests. Matter of St. Francis Cabrini Immigration Law Center, 26 I&N Dec. 445 (BIA 2014)
BIA on Assessing an Organization’s Application for Recognition
The BIA held that when assessing an application for recognition, the BIA makes an individualized determination whether the applicant’s fees qualify as “nominal charges” and whether its fee structure provides competent low-cost legal services. Matter of Ayuda, 26 I&N Dec. 449 (BIA 2014)
BIA Says Recognized Organization Need Only Apply for Representative’s Accreditation at One Location
The BIA held a recognized organization need only apply for accreditation at one location, and if approved, that representative may thereafter practice at any branch location of the organization that has been recognized by the BIA. Matter of United Farmworkers Foundation, 26 I&N Dec. 454 (BIA)
President's Remarks on Immigration on 11/20/14
The transcript of President Obama’s 11/20/14 remarks to the nation on his plans to use his executive authority to take action on immigration, including providing protection from deportation for parents of U.S. citizen and lawful permanent resident children.
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)