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
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.”
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)
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Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal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.
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.”
White House Fact Sheet on Unaccompanied Children from Central America
White House fact sheet released on 6/20/14 announcing that the Obama Administration is partnering with Central American governments to address underlying security and economic issues that cause migration, by increasing enforcement and providing millions of dollars in financial and program support.
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.
DHS Fact Sheet on Temporary Detention Facility for Adults with Children in Expedited Removal
DHS fact sheet on the establishment of a temporary detention facility for adults with children in expedited removal on the Federal Law Enforcement Training Center's Artesia, NM campus, to hold and expedite removal of the increasing number of these individuals crossing the southern U.S. border.
USCIS Reminder to Use Revised Form I-821D, Dated 6/4/14
USCIS reminder that revised Form I-821D, Consideration for Deferred Action for Childhood Arrivals (DACA), dated 6/4/14, must be used to submit initial or renewal requests. USCIS will reject any previous versions of Form I=821D. The last day to use previously accepted versions was 6/5/14.
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)
BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal
Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.
New Mexico Supreme Court Declines to Follow Chaidez
The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)
BIA Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing
Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)
CA5 Upholds Asylum Denial for Eritrean Petitioner
The court denied the petition for review, holding that punishment for violation of conscription laws of general applicability does not in itself constitute “persecution” on account of political opinion under INA §101(a)(42)(A). (Milat v. Holder, 6/19/14)
CA5 Says DHS May Rely on Subsequent Convictions When Evaluating Admission for Returning Noncitizens
The court denied the petition for review, finding that DHS may rely on subsequent convictions to meet the clear and convincing evidence standard in proving that a returning lawful permanent resident is applying for admission. (Munoz v. Holder, 6/19/14)
CA6 Remands to BIA, Finding IJ Erred in Interpreting §208(a)(2)(D)
The court disagreed with the IJ’s interpretation, finding nothing in §208(a)(2)(D) requiring an applicant show he was ineligible for asylum when he arrived in the U.S. before using “changed circumstances” to extend the deadline for filing an application. (Mandebvu v. Holder, 6/18/14)
CA2 Finds Petitioner Ineligible for §212(c) Relief
The court dismissed the petition for review, finding no basis to conclude that Vartelas overruled Domond, and because petitioner’s conviction for a controlled substance post-dated IIRIRA, he was ineligible for a waiver of deportation under §212(c). (Centurion v. Holder, 6/17/14)
CA7 Denies Withholding of Removal to Chinese Christian in Indonesia
The court denied the petition for review, finding petitioner failed to meet the test for withholding, did not show a pattern or practice of persecution of Chinese Christians in Indonesia, nor could he establish his personal fear of persecution was reasonable. (Halim v. Holder, 6/17/14)
AILA Quicktake #83: In-State Tuition for DACA Recipients
AILA member Charles Kuck joins us to explain the results of his recent lawsuit, in which a Georgia judge dismissed his case that sought for in-state college tuition for Deferred Action for Childhood Arrivals, or DACA, recipients.
Letter to the Chief of USCIS Asylum Division on Asylum Division Officer Training Course Lesson Plan
A 6/16/14 letter from AILA and over 50 other organizations and law professors to John Lafferty, Chief of USCIS Asylum Division, requesting revisions to the Asylum Division Officer Training Course Lesson Plan, Credible Fear of Persecution and Torture Determinations, and the accompanying memorandum.
BIA Orders Further Consideration of Voluntary Departure
Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)