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
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.
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).
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.
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)
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.
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)
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)
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."
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)
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.
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.