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
CA7 Finds BIA and IJ Overlooked Material Evidence
The court remanded the case, holding that the IJ and BIA overlooked material evidence demonstrating that the petitioner suffered past persecution in Palestine on account of his political opinion. (Jabr v. Holder, 4/2/13)
National Sign-On Letter on Detention Reforms
On 4/4/13 AILA joined over 50 groups in a sign-on letter to Senator Schumer on solitary confinement and immigration detention reforms.
USCIS ‘Straight from the Source’ Newsletter for March 2013
USCIS March 2013 issue of Straight from the Source newsletter covering important highlights, including H-1B cap season, deferred enforced departure for Liberians, new Form I-9, automated Form I-94 Arrival/Departure Record, and more.
DOJ Notice on EOIR-28 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Immigration Court (Form EOIR–28). Comments are due 6/3/13. (78 FR 20140, 4/3/13)
DOJ Notice on EOIR-27 Notice of Entry of Appearance as Attorney
EOIR 60-day notice of information collection on Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals (Form EOIR–27). Comments are due 6/3/13. (78 FR 20138, 4/3/13)
Updated Summary of DACA Implementation Survey Results
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA as of 4/2/13. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation.
CA7 Holds BIA Error in Asylum Case is Harmless
The court found that the BIA’s conclusory rejection of the petitioner’s argument was a harmless error, because the BIA could have reasonably concluded the highly generalized evidence was insufficient. (Zheng v. Holder, 3/27/13)
CA9 Holds California Conviction for Assault with a Deadly Weapon is CIMT
The court found that the petitioner’s conviction for assault with a deadly weapon, in violation of California Penal Code §245(a)(1), is a crime involving moral turpitude. (Ceron v. Holder, 4/2/13)
Immigration Law Advisor, March 2013 (Vol. 7, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on asylum claims based upon a “pattern or practice” of persecution, circuit court decisions for February 2013, and a regulatory update.
DOJ OIL April 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for April 2013, with articles on Moncrieff v. Holder, deferral of removal under CAT, and wage methodology for the H-2B program, as well as litigation highlights, recent circuit court decisions, and monthly topical parentheticals.
DOJ Notice on Registry for Attorneys and Representatives
DOJ final rule allowing EOIR Director to establish registration procedures, including electronic registration requirement, administrative suspension before EOIR for any attorney who fails to provide certain registration information. Comments due 5/31/13. (78 FR 19400, 4/1/13)
Report on “The State of Our Courts: A View From The Inside”
The National Association of Immigration Judges April 2013 report outlining immigration court history and the need for immigration reform, stating that "without an effective and efficient immigration court system, omnibus immigration reform will not fulfill its promise.
DOJ Notice on Forwarding of Asylum Applications to DOS
DOJ final rule amending the regulations to provide for sending asylum applications to DOS on a discretionary basis which will increase the efficiency of DOS’ review of asylum applications and is consistent with similar changes already made by USCIS. Rule effective 4/29/13. (78 FR 19077, 03/29/13)
USCIS Highlights Department Accomplishments for FY2012
USCIS public statement announcing Fiscal Year 2012 accomplishments, including developing & implementing Deferred Action for Childhood Arrivals (DACA), launching the first phase of USCIS ELIS online system, implementing the Entrepreneurs-in-Residence initiative and more.
Video: How to use AILA's Deferred Action PSAs
Watch this short video about AILA’s new public service announcements on Deferred Action and how you can use them in your community.
CA9 Holds Petitioner Not Eligible for Continuous Presence Exception
The court held that the petitioner was not eligible for cancellation of removal because he did not qualify for the continuous physical presence exception available to noncitizens who served in active duty in the U.S. Armed Forces. (Lim v. Holder, 3/26/13)
CA1 on the Good Faith Marriage Requirement
The court upheld the IJ’s determination that the petitioner, who sought to remove the conditions of her residency after she and her husband divorced, did not carry her burden of establishing that she had married her husband in good faith. (Reynoso v. Holder, 3/26/13)
AILA Comments on Rates for Interstate Inmate Calling Services
AILA comments in response to the FCC Notice of Proposed Rulemaking, encouraging the FCC to regulate interstate telephone rates for phone calls made from correctional facilities to ensure just and reasonable rates for inmates, including individuals in immigration detention.
AILA Amicus Brief on Matter of Acosta-Hidalgo
AILA amicus brief arguing that the BIA should reconsider its decision in Matter of Acosta-Hidalgo and conclude that an IJ may determine prima facie eligibility for naturalization for the purpose of deciding whether to terminate pursuant to 8 C.F.R. §1239.2(f).
AILA New Members Division E-News, March 2013 (Vol. 5, Issue 2)
This latest edition brings you expert practice tips on the I-601A provisional waiver and L-1A filings. Plus, don’t miss the second installment of “The Intersection of Immigration and Criminal Law” and guidance on transitioning from the E-2 to the EB-5.
AILA Statement for Senate Hearing on Immigration System Reforms
AILA statement submitted to the Senate Judiciary Committee for the 3/20/13 hearing on “Building an Immigration System Worthy of American Values.”
Bill of Information Against Employer for H-1B Visa Fraud Scheme
Western District of North Carolina bill of information against an employer for participating in a scheme to fraudulently obtain H-1B immigration visas by making materially false statements to DOL and USCIS regarding employment of foreign nationals to their company. (U.S. v. Raju, 3/19/13)
AILA Statement for House Judiciary Hearing on Release of ICE Detainees
AILA statement submitted to the House Judiciary Committee for the 3/19/13 hearing on “The Release of Criminal Detainees by U.S. Immigration and Customs Enforcement: Policy or Politics?”
USCIS Provides Asylum Statistics from 3/19/13 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 3/19/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Asylum Division Officer Training Course on Credible Fear Determinations (3/7/13)
Lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course obtained by the National Immigration Project of the National Lawyers Guild, ACLU of Massachusetts, and the law firm of Proskauer Rose through FOIA litigation.