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 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."
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.
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 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)
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.
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)
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.
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.
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)
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)
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.
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.
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.
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.