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 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.
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Unpublished BIA decision remanding, finding that given the current country conditions in Russia, the events described by respondent establish a reasonable likelihood that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.
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)
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.
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.”
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Unpublished BIA decision terminates proceedings in the interest of justice and despite prior concession of removability by pro se respondent upon finding misdemeanor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.
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)
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.
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 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)
CA4 Upholds Asylum Denial for Indonesian Christian
The court held substantial evidence supported the BIA’s determination that petitioner did not qualify for asylum as a Christian Indonesian, and that accounts in country reports and articles with her application were insufficient to compel a contrary conclusion. (Mulyani v. Holder, 11/14/14)
CA4 Declines to Review Motion to Reopen for Chinese Male Petitioner
The court found that the BIA’s reliance on the 2007 DOS Country Profile was reasonable and the BIA did not abuse its discretion in determining that the petitioner’s submissions did not establish changed country conditions in China related to the one-child policy. (Lin v. Holder, 11/14/14)
GAO Report on Alternatives to Detention
GAO report on ICE’s Alternatives to Detention (ATD) program, which increased its enrollment from 32,065 in FY2011 to 40,864 in FY2013. This report addresses trends in ATD program participation and oversight to help ensure cost-effective program implementation. Report also provides recommendations.
VOICE: November 2014
In the November 2014 VOICE, learn about the ethics of competent client representation, the tremendous value of an AILALink subscription, one lawyer’s contentment after switching to appellate practice, and more!
AILA Quicktake #107: DACA Delays and Renewals
AILA member and Chair of AILA's Media Advocacy Committee Maurice Goldman shares information on the DACA renewal process, potential difficulties with delays, and helpful resources for AILA members.
BIA Orders Further Consideration of Realistic Probability for Maryland Credit Card Theft
Unpublished BIA decision orders further consideration of realistic probability that Maryland credit card theft statute would be applied to defendants who did not intend to deprive the cardholder of its use. Special thanks to IRAC. (Matter of Jandres-Aguiluz, 11/13/14)
CA9 Says BIA Can Reopen Removal Proceedings for Opportunity to Pursue Adjustment Application
The court declined to defer to Matter of Yauri and held the BIA has authority to reopen proceedings to an arriving alien who is under a final order of removal in order to afford him/her an opportunity to pursue an adjustment application before USCIS. (Singh v. Holder, 11/13/14)
AILA, NIJC, and Others File CRCL Complaint Reporting Serious Flaws in CBP Fear Screening
Complaint filed with the DHS Office of Civil Rights and Civil Liberties (CRCL) by NIJC, AILA, and others reporting that CBP officers regularly fail to properly screen individuals to determine whether they have a fear of returning to their home country.
TRAC Report Finds Immigration Detainers Decline 39% Since FY2012
Transactional Records Access Clearinghouse (TRAC) report finding from the end of FY2012 through March 2014, there was a 39% decrease in the number of ICE detainers sent to local, state, and federal law enforcement officials. This decline translates into around 9,000 fewer ICE detainers per month.
AILA Notes from SCOPS Teleconference (11/12/14)
AILA notes from a teleconference with SCOPS on 11/12/14. Topics include consular return processing times, attorney change of address, RFE templates, DACA renewal processing times, interim EADs, and I-140s.
CRS Report on Legal Authority for Executive Discretion in Immigration
Congressional Research Service (CRS) report with a legal overview of the president’s authority for executive discretion over immigration matters. Report includes statutory authority for granting benefits or relief, discretion in enforcement, and discretion in interpreting and applying statutes.
BIA Orders Further Consideration of Fraud Claim
Unpublished BIA decision orders further consideration of whether respondent was inadmissible at time of adjustment for failing to disclose children fathered with another woman on Form I-485. Special thanks to IRAC. (Matter of Amwoma, 11/10/14)