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
CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony
The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann 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)
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 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)
Law Professors Letter of Fairness for Central American Children
A 7/14/14 letter to President Obama signed by 112 professors and researchers with experience teaching and practicing in the areas of immigration, human rights, and international law urging him to maintain the obligations to treat children differently under immigration laws and uphold the TVPRA.
DOL TEGL on DACA Recipient Eligibility for DOL Programs
DOL Training and Employment Guidance Letter (TELG) No. 02-14 provides guidance to states and recipients concerning the eligibility of individuals granted relief under DACA with employment authorization for program eligibility for Workforce Investment Act and Wagner-Peyser Act programs.
BIA Orders Further Consideration of Motion to Suppress Based on Local Traffic Stop
Unpublished BIA decision remands for further consideration of motion to suppress because the IJ failed to assess the legality of the initial traffic stop by the Maryland Transportation Authority. Special thanks to IRAC. (Matter of Sanchez, 7/11/14)
BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S.
Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.
BIA Remands to Consider Claim Involving “Interfiling” of I-140
Unpublished BIA decision remands for further consideration of the respondent’s adjustment application and first Form I-140 and whether he maintained lawful status in light of the “interfiling” of a second I-140 that was found to be fraudulent. Special thanks to IRAC. (Matter of Hong, 4/29/14)
Talking Points on Proposals to Roll Back TVPRA Protections for UACs (Updated 7/16/14)
Talking Points on why Congress should not roll back protections for unaccompanied children from non-contiguous countries guaranteed under the TVPRA. Authored by the Women’s Refugee Commission, First Focus Campaign for Children, The Voices and Faces Protect and AILA.
EOIR Interim Rule on Designation of Temporary Immigration Judges
EOIR interim rule to allow former Board members, former IJs, and administrative law judges employed within or retired from EOIR and other agencies to act as temporary immigration judges for renewable six-month terms. Rule is effective 7/11/14. Comments due by 9/9/14. (79 FR 39953, 7/11/14)
AILA Quicktake #89: Senate Hearing on the President's Emergency Supplemental Request
AILA Advocacy Director Greg Chen provides an analysis on yesterday's Senate Appropriations Committee hearing titled, "Review of the President's Emergency Supplemental Request for Unaccompanied Children and Related Matters."
CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors
The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)
Senate Letter to President on Protections of UACs
A 7/10/14 letter from Senators Hirono (D-HI), Gillibrand (D-NY), Heitkamp (D-ND) and Feinstein (D-CA) called on President Obama to humanely address the surge of unaccompanied children at the southern border and consider the humanitarian and legal rights of the unaccompanied children.
Media Talking Points for AILA Members on UACs
As AILA Members are asked about unaccompanied children, they may find these brief talking points of use for interviews, particularly those focused on the proposed changes to the TVPRA. These will be updated as the issue continues to develop in the news and on the Hill.
Senate Appropriations Hearing on President's Emergency Supplemental Request for UAC Matters
A 7/10/14 hearing in the Senate Appropriations committee, “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
TRAC Report Finding Juvenile Cases Help Push Immigration Court Backlog to New High
TRAC report finding that as of June 2014, the number of pending cases before Immigration Courts reached an all-time high of 375,503, with over 41,000 cases involving juveniles and of that, 12,841 involving Guatemalan juveniles. Report includes court location, nationality, and wait time information.
Children in Danger: A Guide to the Humanitarian Challenge at the Border
The American Immigration Council has prepared a guide to provide policymakers, the media, and the public with basic information surrounding the current humanitarian challenge the U.S. is facing as thousands of young migrants show up at the southern border.
CA7 Vacates And Remands, Says BIA Did Not Properly Apply Silva-Trevino
The court found the BIA did not properly apply the Silva-Trevino framework in determining that any portion of knowingly or intentionally failing to stop after causing injury under §9-26-1-8 of the Indiana statute categorically qualified as a CIMT. (Sanchez v. Holder, 7/9/14)
CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim
The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)
USCIS Statistics on Asylum Filings for Minors for FY2014
USCIS provided FY2014 statistics on minor principal applicants (affirmative asylum applicants under the age of 18 at the time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
EOIR Factsheet on New Priorities to Address Migrants Crossing into the U.S.
A 7/9/14 Department of Justice factsheet on the steps EOIR will take to refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
EOIR Announcement of New Priorities to Address Migrants Crossing into the U.S.
A 7/9/14 Department of Justice press release announcing that EOIR will refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
AILA Statement for Senate Appropriations Hearing on UACs
AILA statement submitted to the Senate Appropriations Committee for the 7/10/14 hearing on “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”