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
TRAC Report on Immigration Referrals and Spike in Criminal Prosecutions
Transactional Records Access Clearinghouse (TRAC) report showing 15,313 federal criminal prosecutions in December 2012, with this 14% sharp increase being entirely the result of prosecutions recommended by CBP agents in just two federal districts along U.S.-Mexico border.
USCIS Transfers Workload from Vermont Service Center to Nebraska Service Center
USCIS press release announcing that on 2/13/13, USCIS transferred some casework from Vermont Service Center to Nebraska Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
DHS Briefs Filed With BIA on 212(c) Cases Post-Judulang
DHS supplemental briefs to the BIA in two cases, discussing the impact of Judulang on 212(c) cases and arguing that an LPR can only receive a 212(c) waiver where he or she was deportable at the time of a pre-IIRIRA conviction.
CA11 on Filing a 212(h) Waiver Without an Adjustment Application
The court remanded the case to the BIA to determine whether the petitioner is eligible for a 212(h) waiver, noting that the Board’s current interpretation of §212(h) is unclear in light of recent case law. (Lawal v. U.S. Att’y Gen., 2/28/13)
CA9 On Illegal Reentry Under INA §241(a)(5)
The court held the petitioner’s last entry to the U.S., in which he showed officials his invalid registration card and they allowed him to enter, met the illegal reentry requirement in §241(a)(5) despite being procedurally regular. (Tamayo-Tamayo v. Holder, 2/28/13, amended 6/18/13)
AILA Notes on Liaison Q&As with SCOPS (2/27/13)
AILA notes from a teleconference with SCOPS on 2/27/13. Topics include H-1B filing tips, NIW RFEs, contacting NSC regarding an I-485 that is current, I-821D processing times, and number of photos required for I-485 filings.
EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys
EOIR fact sheet from 2/27/13 providing an overview of grounds for disciplining attorneys and representatives, complaints about immigration attorneys or representatives, initiating disciplinary proceedings, requesting a hearing, appealing a disciplinary decision and more.
EOIR FY2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
ICE Statement on Release of Individuals from Immigration Detention
ICE statement regarding the release of certain individuals from immigration detention.
AILA Supports the Military Enlistment Opportunity Act
AILA applauds the introduction last month of H.R. 435, the Military Enlistment Opportunity Act, by Congressman Mike Coffman (R-CO) that provides an opportunity for immigrants to serve in our Armed Forces, and urges Congress to make the bill part of a broader reform effort.
Immigration Court and EOIR Office Closings for February 26, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Tuesday, February 26, 2013 due to inclement weather conditions.
BIA Reopens Case 10 Years After It Affirmed IJ's Decision
Unpublished BIA decision vacating 2003 order upon respondent's untimely motion to reopen/reconsider due to ineffective assistance of counsel and problems with IJ’s frivolous finding, and stating respondent may on remand apply for any eligible relief in removal proceedings. Courtesy of Shanshan Zhou.
Immigration Court and EOIR Office Closings for February 25, 2013
EOIR public statement announcing that the Denver, Colorado immigration court will open at 10am on Monday, February 25, 2013 due to inclement weather conditions.
Practice Pointer: Waivers and Court Documents for U Visa Applicants
AILA Liaison and the Mexico City District Chapter remind members to identify the specific ineligibilities that apply to the U visa applicant and seek a waiver for each ineligibility, and to instruct the applicant to bring all court documents to the visa interview.
Immigration Court and EOIR Office Closings for February 22, 2013
EOIR public statement announcing that the Kansas City, Missouri immigration court will be closed on Friday, February 22, 2013 due to inclement weather conditions.
District Court Says 236(c) Requires Immediate Release from Criminal Custody
The District Court in New Jersey held that Petitioner’s detention was governed by INA 236(a) rather than 236(c) because DHS waited 13 years after his release from criminal custody to take him into immigration custody. Courtesy of Paul Grotas. (Almonte v. Hendricks, 2/22/13)
TRAC Report on Targets of ICE Detainers
Transactional Records Access Clearinghouse (TRAC) report showing of 1 million detainers issued by ICE since FY2008, only 22.6% of the time did targeted individual have any criminal conviction and only 8.6% of charges were classified as a serious offense.
ICE Public Advocate Voice Newsletter, February 2013 (Issue 4)
ICE February 2013 Public Advocate Voice newsletter on ICE detainer policy reform, sexual assault awareness posters, community outreach, and more.
Grand Jury Indicts Six Texas Residents for H-1B Visa Fraud Scheme
Grand jury indictment against six members of a Texas information technology company who sponsored workers’ H-1B visas for their company, but required that the workers actually provide consulting services to third-party companies located elsewhere. (U.S. v. Nanda, 2/20/13)
Supreme Court Holds Padilla Does Not Apply Retroactively
The Court found that Padilla v. Kentucky, in which the Supreme Court held that counsel must inform noncitizen clients whether a plea carries a risk of deportation, does not apply retroactively. (Chaidez v. United States, 2/20/13)
CA10 Finds Deported Plaintiff’s Complaint Is Moot
In a nonprecedential decision, plaintiff sought to be returned to the U.S. from Libya after being deported despite a stay of removal. The court held the complaint was moot because he obtained relief when the BIA addressed his motion to reopen on the merits. (Mohamed v. Napolitano, 2/20/13)
CA9 Upholds BIA’s Adverse Determination on Extraordinary Circumstances
The court held the asylum application was time-barred, and found the primary reasons the petitioner delayed filing her application were lack of money and inability to speak English, and not the psychiatric problems she suffered. (Gasparyan v. Holder, 2/20/13)
Sample BIA Acknowledgement of Remand by Second Circuit
Sample BIA “Acknowledgement of Court Order” issued in response to a case that was remanded by the Second Circuit pursuant to Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. Courtesy of Gary Yerman.
AILA Comments on DHS Proposed Rule to Prevent Sexual Abuse in Confinement Facilities
AILA comments in response to a DHS proposed rule on Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities. Special thanks to the LGBT Working Group and AILA ICE and EOIR Liaison Committees.
USCIS Data on DACA Cases Received Through February 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 2/14/13 which shows a total of 423,634 accepted DACA requests for processing, 411,739 biometric services appointments scheduled and 199,460 requests approved.