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
AAO Sustains Appeal of I-601 Waiver for Unlawful Presence and Finds Assault Conviction Is not a CIMT
AAO decision sustaining appeal of an I-601 waiver for unlawful presence, finding applicant’s spouse would suffer extreme hardship and the conviction under Maryland Code Art 27, §12A(a) and (b) for simple assault was not a crime involving moral turpitude (CIMT). Courtesy of Michelle Mendez.
CRS Report on Legal Issues Surrounding Unaccompanied Alien Children
CRS report including FAQs on the legal issues concerning unaccompanied alien children including the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to these immigrant minors.
BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis
The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)
AILA Quicktake #90: Legislative Update on Unaccompanied Minors
AILA's Advocacy Director Greg Chen updates on the progress of the President's supplemental in Congress and discusses the proposed bill by Republican Sen. John Cornyn and Democratic Rep. Henry Cuellar that would make it easier to deport unaccompanied migrant children to their home countries.
BIA Holds DHS Did Not Prove Admission Under Visa Waiver Program
Unpublished BIA decision holds that DHS did not satisfy burden of proving admission under the Visa Waiver Program where it submitted no direct evidence of such and the respondent was not bound by a prior attorney concession. Special thanks to IRAC. (Matter of Utzeri, 7/16/14)
CA7 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule
The court applied Chevron deference and upheld the BIA’s decision in Camarillo that a Notice to Appear (NTA) that does not specify a particular time and date for an initial hearing suffices to trigger the stop-time rule under INA §240A(d)(1). (Wang v. Holder, 7/16/14)
BIA Asks IJ to Provide Further Analysis on Extreme Hardship to USC Children
Unpublished BIA decision remanding cancellation denial, asking IJ to provide further analysis on hardship to respondent’s four U.S. Citizen (USC) children if they were relocated to Mexico, as well as an elaboration on the hardship suffered by son with medical condition. Courtesy of Diana M. Bailey.
AILA MN/Dakotas Letter to Sens. Franken and Klobuchar on UACs
A 7/16/14 sign-on letter from AILA Minnesota/Dakotas Chapter and 36 other Minnesota-based organizations to Minnesotan Senators Klobuchar and Franken urging them to oppose any plans to expedite the deportation of Central American children, or lessen protections included in the TVPRA.
Rep. Cuellar (D-TX) and Sen. Cornyn (R-TX) HUMANE Act
On 7/16/14, Senator Cornyn (R-TX) and Representative Cuellar (D-TX) introduced the “Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE)” Act.
CRS Flow Chart on Unaccompanied Children
Congressional Research Service (CRS) flow chart on the different agencies that are involved in apprehending, processing, placing, and repatriating unaccompanied alien children.
USCIS Demographics of DACA Applicants Since 8/15/12
USCIS data on the characteristics of individuals requesting and approved for Deferred Action for Childhood Arrivals (DACA) since the implementation of the program on 8/15/12, including age group, sex, country of birth, marital status, and geographic location at time of filing.
AILA Amicus Brief in Crane Lawsuit Argues DACA Does Not Violate INA
AILA amicus brief arguing that INA §235(b)(2)(A), which provides that all inadmissible applicants seeking admission "shall be detained" for removal proceedings, does not impose a mandatory duty on federal immigration officers to initiate removable proceedings against DACA-eligible noncitizens.
USCIS Comment Request on Form I-212
USCIS 60-day notice for comments on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Revised Form and Instructions are included. Comments are due by 9/15/14. (79 FR 41585, 7/16/14)
CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction
The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)
TRAC Report on New Data on Unaccompanied Children in Immigration Court
Transactional Records Access Clearinghouse (TRAC) report finding that the more than 100,000 case records obtained show almost half of the unaccompanied alien children (UAC) appeared in court without an attorney. Report includes new tool for UAC cases as well as data on representation of UACs.
Senator Flake (R-AZ) Amendment to Weaken the TVPRA
On 7/9/14 Sen. Flake (R-AZ) filed an amendment (to an unrelated bill) to amend the Trafficking Victims Protection Reauthorization Act of 2008 to allow for the expedited removal of unaccompanied minors from non-contiguous countries.
AILA NY Letter to Sen. Schumer on UACs
A 7/15/14 letter from the AILA New York Chapter and the New York Immigration Coalition to Senator Schumer (D-NY) urging him to oppose any plans to expedite the deportation of Central American children to the dangers they escaped in their countries, or lessen protections included in the TVPRA.
Senate Homeland Security Committee Hearing on Root Causes Behind Rise in UACs
A 7/16/14 hearing in the Senate Homeland Security Committee on, “Challenges at the Border: Examining and Addressing the Root Causes Behind the Rise in Apprehensions at the Southern Border.”
Senate Foreign Relations Committee Hearing on UACs
A 7/17/14 hearing in the Senate Foreign Relations Committee on, “Dangerous Passage: Central America in Crisis and the Exodus of Unaccompanied Minors,” presided by Senator Menendez (D-NJ).
CA4 Affirms Denial of NACARA Relief Due to Persecutor’s Bar
The court found the BIA did not err in ruling the petitioner was ineligible for special rule cancellation of removal under NACARA, as during his service in the Salvadoran military, he assisted in persecution of individuals because of their political views. (Quitanilla v. Holder, 7/14/14)
CA7 Applies Chevron Deference to BIA’s Interpretation of INA §240A(b)(1)(C)
The court agreed with the BIA that an alien convicted of an offense under INA §237(a)(2) is ineligible for cancellation under INA §240A(b)(1)(C), regardless of whether he is charged with removal under §212 as an inadmissible alien or §237 as a deportable alien. (Coyomani v. Holder, 7/14/14)
CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations
The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. (Ortiz-Estrada v. Holder, 7/3/14)
CA8 Says Denial of Motion to Suppress Records Did Not Violate Statutory Rights
The court upheld the adjustment denial, finding that it was not a violation of petitioner’s statutory rights to deny the motion to suppress the I-9 Forms and educational records, as these documents contained her false statements of U.S. citizenship. (Downs v. Holder, 7/14/14)
CA1 Declines to Review Withholding Denial for Petitioner from Brazil
The court upheld the BIA’s finding that the petitioner feared harm in Brazil as a result of a personal dispute and not on account of membership in his immediate family or as part of the social group of people who help Brazilian women escape violent relationships. (Moura v. Holder, 7/14/14)
CA1 Finds Activity Before and After Marriage Is Relevant to Good Faith Inquiry
The court found that the petitioner, who applied for a waiver to remove conditions after her divorce, failed to meet the good faith burden, as activity before and after the moment of marriage was relevant to the inquiry. (Lin v. Holder, 7/14/14)