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
HHS Funding to Support Legal Services for Unaccompanied Children
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
AILA Quicktake #102: Karnes Family Detention Center
AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.
BIA Grants Interlocutory Appeals Seeking Change of Venue
Unpublished BIA decision grants interlocutory appeals of decision denying motion to change venue from Dallas to San Francisco in light of court’s proximity to respondent’s residence, witnesses, and attorney of record. Special thanks to IRAC. (Matter of Ventura-Ventura, 10/15/14)
BIA Vacates IJ Decision That Adopts Position of DHS Without Explanation
Unpublished BIA decision remands record because IJ decision stated without explanation, “I agree with and adopt the reasoning of the DHS motion.” Special thanks to IRAC. (Matter of Garcia, 10/15/14)
CA9 Says Arizona Law Denying Bail to Undocumented Immigrants Charged with Crimes Is Unconstitutional
The court held that Arizona’s Proposition 100 laws violated the substantive component of the Due Process Clause of the 14th Amendment, because the laws were not narrowly tailored to serve a compelling governmental interest. (Lopez-Valenzuela v. Arpaio, 10/15/14)
CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights
The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
BIA Reopens Sua Sponte in Light of Supreme Court Decision in Vartelas
Unpublished BIA decision reopens proceedings sua sponte in light of Supreme Court decision in Vartelas v. Holder to consider evidence that trip abroad was "innocent, casual, and brief." Special thanks to IRAC. (Matter of Liriano, 10/14/14)
CA8 Affirms Withholding Denial for Petitioner Who Suffered Child Abuse in Hong Kong
The court affirmed the withholding denial, finding that substantial evidence supported the determination that the petitioner's age represented a fundamental change in circumstances such that her life and freedom would not be threatened if she returned to Hong Kong. (Hui v. Holder, 10/14/14)
GAO Report on Immigration Detention
GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.
Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap
EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.
CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings
The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)
ICE Will Provide Children at Artesia with Education
ICE press release announcing children at the Artesia Family Residential Center will be provided with one-hour daily instruction blocks in subjects including science, social studies, mathematics, reading, writing, and physical education. AMIkids will manage and administer the program.
AILA DOS Liaison Q&As (10/9/14)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to administrative processing, PIMS, renunciation of U.S. citizenship or LPR status, Mission Australia, J-1 issues, visa revocations, B-2 visas, CCD delay, LGBT I-129Fs, and endorsement of the I-129S for blanket L cases.
NSC Liaison Q&As from Asylum/Refugee Issues Teleconference (10/9/14)
The NSC Liaison Committee’s unofficial Q&As from the 10/9/14 teleconference on refugee and asylum issues with NSC. Topics include: I-765 eligibility for individuals with convictions, I-131 fee waivers, I-730s, adjustment of status, G-28s, and TRIG issues.
AILA/USCIS Field Operations Liaison Q&As (10/9/14)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.
AILA/USCIS HQ Liaison Q&As (10/9/14)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.
BIA Orders Further Consideration of Derivative Citizenship Claim
Unpublished BIA decision orders further consideration of derivative citizenship claim under former INA 321(a)(3) where IJ erroneously found respondent had to submit court-issued documentation establishing parents’ legal separation. Special thanks to IRAC. (Matter of Bordamonte, 10/8/14)
CA2 Agrees with BIA that Vacated Conviction Remains Valid for Removability Purposes
The court held it lacked jurisdiction, upholding the BIA’s determination that the 1997 Arizona conviction remained a removable offense because the petitioner obtained vacatur solely for rehabilitative reasons and to avoid adverse immigration consequences. (Sutherland v. Holder, 10/8/14)
CA2 Says Unlawful Possession of Ammunition Is an Aggravated Felony
The court denied the petition for review, upholding the BIA’s decision concluding that the petitioner’s conviction for the unlawful possession of ammunition under 18 U.S.C. § 922(g)(1) qualifies as an aggravated felony under INA §101(a)(43)(E)(ii). (Oppedisano v. Holder, 10/8/14)
AILA Quicktake #101: DACA Recipients and MAVNI
AILA member Margaret Stock discusses the limitations to the Department of Defense's announcement to open its Military Accessions Vital to the National Interest program (MAVNI) to DACA recipients.
BIA Holds Detainee Transfer Does Not Divest IJs of Jurisdiction Over Bond Proceedings
Unpublished BIA decision finds IJ erred in finding lack of jurisdiction to consider bond request of respondent transferred out of state, notes that the INA does not tie authority to hear bond cases to geographic location of respondent. Special thanks to IRAC. (Matter of Cerda Reyes, 10/7/14)
BIA Says Regulations for Applying for Bond Redetermination Are Not Jurisdictional
Unpublished BIA decision holding that INA §236 contains no language limiting an IJ’s authority to hear a bond case due to the geographic area of the noncitizen and that 8 CFR §1003.19(c) dictates where he/she should file a request for a custody redetermination. Courtesy of Helen Parsonage.
CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision
The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)
AILA/AIC Amicus Brief Filed with CA10 on 212(h) Waiver Eligibility
AILA/AIC amicus brief filed with the Tenth Circuit arguing that 212(h) waivers are available to legal permanent residents (LPRs) convicted of aggravated felonies if the LPRs adjusted their status after entering the U.S.
AILA: Obama Talks Big on Immigration Reform, But is Not Delivering
AILA President Leslie Holman responds to two recent announcements from the Obama Administration regarding the Military Accessions Vital to National Interest (MAVNI) program and a plan to allow young children from Central American countries to apply for refugee status from outside the U.S.