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
EOIR Releases Fact Sheet on Fraud Prevention Program
EOIR fact sheet on its Fraud Prevention Program, which is aimed at promoting efforts to deter fraud and providing a systemic response to identifying and referring instances of suspected fraud and abuse.
AILA Strongly Condemns Reported Plans to Return Migrant Children to Danger
AILA President Leslie A. Holman reacted to reported plans to expedite removal of migrant children: “Rapid deportations without any meaningful hearing for children who are rightly afraid of the violence and turmoil from which they fled is wrong, and contradicts the fundamental values of this nation.”
EOIR Releases Q&As on EOIR’s Attorney Discipline Program
EOIR Q&As on its Attorney Discipline Program and professional conduct rules for immigration attorneys and representatives. Information regarding the complaint process is included.
CA3 Says Firearms Dealing Without a License Is Not a CIMT
The court reversed the BIA’s conclusion, holding that the BIA was incorrect in finding that petitioner’s conviction of firearms dealing without a license under 18 USC §§922(a)(1)(A) and (a)(2) was categorically a crime involving moral turpitude (CIMT). (Mayorga v. Att'y Gen., 6/27/14)
CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim
The court found the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14, amended 8/8/14)
BIA Holds Voluntary Departure Applicant Deserved Additional Time to Present Passport
Unpublished BIA decision holds the IJ should have afforded respondent additional time to present his passport and remands record for further consideration of voluntary departure. Special thanks to IRAC. (Matter of Ramos, 6/27/14)
IJ Holds Voluntary Departure May be Granted Nunc Pro Tunc
IJ William Van Wyke issues lengthy decision holding that respondents who left the country prior to appearing in court may receive voluntary departure nunc pro tunc in lieu of an in absentia removal order. Special thanks to IRAC. (Matter of Sanchez-Medina, 6/27/14)
BIA Terminates Proceedings Against Respondent Convicted of False Imprisonment in Florida
Unpublished BIA decision terminates proceedings upon finding false imprisonment under Fla. Stat. 787.02(1) is not a categorical CIMT and the IJ improperly consulted a police report that was not incorporated into the plea. Special thanks to IRAC. (Matter of Sanchez Fajardo, 6/27/14)
UPDATE: Non-Detained Cases to Proceed as Scheduled at Denver Immigration Court
Citing major technical issues related to running teleconference hearings for UACs at the border, the immigration court in downtown Denver rescinded its earlier announcement that all non-detained cases and hearings would be suspended as of 7/2/14. All cases will proceed as previously scheduled.
CIS Ombudsman Annual Report 2014
The Office of Citizenship and Immigration Services Ombudsman’s 2014 Annual Report, containing an overview of the Ombudsman’s mission and services, a review of USCIS programmatic and policy achievements, and a detailed discussion of pervasive and serious remaining problems and recommendations.
CRS Report with FAQs on Legal Issues of UACs
Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.
TRAC Report Finds Despite Rise in Felony Charges, Most Immigration Convictions Remain Misdemeanors
Transactional Records Access Clearinghouse (TRAC) report that during the first six months of FY2014, there was a surge of people charged with the more serious felony offense of illegal re-entry under INA §276; yet half of these cases were pled down to a petty misdemeanor for simple illegal entry.
EOIR Announcement that eRegistration Application Is Available Again
EOIR announcement that the eRegistration application is again available for account requests and electronic filing of EOIR-27s and EOIR-28s. Users can access eRegistry via the link that has been available since June 2013: https://portal.eoir.justice.gov.
AILA Quicktake #85: House Hearings on Unaccompanied Minors
AILA's Second Vice President Annaluisa Padilla joins us via Skype to report on the two recent House Committee hearings regarding unaccompanied children at the border.
CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands
The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)
House Homeland Security Hearing on Unaccompanied Alien Minors
A 06/24/14 hearing in the House Homeland Security Hearing, “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”
AILA Statement for House Judiciary Committee Hearing on Unaccompanied Children
AILA Statement submitted to the House Judiciary Committee the 6/25/14 hearing on “An Administration Made Disaster: The South Texas Border Surge of Unaccompanied Alien Minors.”
Secretary Johnson Congressional Testimony on Unaccompanied Children
DHS written testimony of DHS Secretary Jeh Johnson before the House Committee on Homeland Security on DHS efforts to address the recent rise in number of unaccompanied children and others crossing border in Rio Grande Valley.
AILA Statement for House Committee on Homeland Security on Unaccompanied Children
AILA Statement submitted to the House Committee on Homeland Security for the 6/24/14 hearing on “Dangerous Passage: The Growing Problem of Unaccompanied Children Crossing the Border.”
BIA Finds FGM Constitutes Exceptional and Extremely Unusual Hardship
Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal by being subject to female genital mutilation (FGM). Special thanks to IRAC. (Matter of K-C-, 6/23/14)
DHS Open Letter to Parents of Children Crossing Southwest Border
Open letter from DHS Secretary Jeh Johnson warning parents of unaccompanied children crossing southern U.S. border that sending children to travel to U.S. is dangerous, DACA relief is not available for these children, and if the children are caught, they will be placed in removal proceedings.
AILA Quicktake #84: Announcement on Increased Family Detention Facilities
AILA's Second Vice President Annaluisa Padilla sits down to discuss the Obama administration's announcement to open additional detention facilities to address the humanitarian crisis at the border.
BIA Holds Parent’s Continuous Physical Presence and Residence in U.S. Cannot Be Imputed to Child to Establish Child’s TPS Eligibility
The Board sustained the appeal and remanded, holding that a parent’s continuous physical presence and continuous residence in the U.S. cannot be imputed to a child for purposes of establishing the child’s eligibility for TPS. Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014)
AILA: Increasing Detention Won’t Solve Humanitarian Crisis
AILA President Leslie A. Holman responded to the Obama Administration’s announcement that the detention of families will increase saying, “Frankly, I’m surprised at this because I believe that our country’s values center on protecting families, and these particular families are so very vulnerable.”
CRS Report on Noncitizens’ Right to Counsel in Removal Proceedings
Congressional Research Service (CRS) report providing an overview of the various legal authorities governing noncitizens’ right to counsel, as that term is broadly understood, in removal proceedings. Report includes analysis of right to counsel at noncitizens’ expense and at government’s expense.