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
Six Things You Need to Know about Stateside Processing of I-601A Waivers
Starting March 4, 2013, certain relatives of American citizens who are in the country illegally and need a waiver of unlawful presence before being eligible for a green card can get a decision on their case before leaving the United States. For those who can take advantage of the new rule, this mean
CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes
The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13)
DOJ Deposition Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Deposition Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ Admissibility Field Guide
In response to a FOIA request, the Department of Justice releases a copy of its Admissibility Field Guide. This guide is used by attorneys at the DOJ’s Office of Immigration Litigation (OIL). Special thanks to Matthew Hoppock.
DOJ OIL December 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) December 2012 Litigation Bulletin where the Eight Circuit ruled that an asylum applicant’s eight-hour detention and unattributed deaths of his children do not constitute past persecution of a particular social group.
Immigration Court & EOIR Closings for 2013 (Updated 8/15/13)
This page includes immigration court and EOIR closures for 2013.
Migration Policy Institute Report on Immigration Enforcement in the United States
Migration Policy Institute (MPI) January 2013 report entitled “Immigration Enforcement in the United States: The Rise of a Formidable Machinery” offering analysis of current immigration enforcement that began with passage of the Immigration Reform & Control Act (IRCA).
Immigration Law Advisor, November-December 2012 (Vol. 6, No. 10)
Immigration Law Advisor, a legal publication from EOIR, with an article on the cancellation of removal criminal bars, as well as circuit court decisions for October and November 2012, and recent BIA precedent decisions.
AILA, AIC and CLINIC Comment on Changes to Form I-131, Application for Travel Document
Joint comments of AILA, AIC, and CLINIC in response to proposed revisions to Form I-131. Changes include instructions for advance parole for Deferred Action for Childhood Arrivals (DACA) recipients and a revised travel warning in light of Arrabally and Yerrabelly.
AILA Amicus on Stay Applications While a Petition for Review Is Pending
AILA amicus brief arguing that the Supreme Court should grant a stay application while a petition for review is pending, noting that the government practices for ensuring the return of noncitizens who prevail on judicial review are limited, inconsistent, and complex.
CA9 Says IJ May Consider Criminal Act without Conviction in Denying Voluntary Departure
The court held that evidence of bad character is relevant to the IJ’s discretionary decision regarding voluntary departure and upheld the denial where Petitioner admitted to sexual conduct with a minor, even though he was not convicted. (Rojas v. Holder, 12/28/12)
Iowa Denies Drivers Licenses and ID cards to DACA recipients
The Iowa Department of Transportation released a press release announcing that the state would not issue driver's licenses or non-operator identification (ID) cards to persons granted Deferred Action for Childhood Arrivals (DACA) status.
Immigration Court and EOIR Office Closings for December 27, 2012
EOIR public statement announcing that the Cleveland, Ohio immigration court will be closed to the public beginning at 1pm EST on Wednesday, December 26, 2012 due to inclement weather.
CA9 Upholds IJ’s Finding that Passenger in Car Engaged in Smuggling
The court distinguished Aguilar Gonzalez, finding that Petitioner was more than a passive participant in the attempted smuggling of a friend’s daughter, but rather knowingly participated in and aided the attempted entry. (Sanchez v. Holder, 12/26/12)
CA9 Discusses “Alternative Means of Immigrating” as a Hardship Factor
The court held that the BIA erred as a matter of law by considering Petitioner’s alternative means of immigrating to the U.S. at an undefined point in the future as a factor that necessarily undercuts her claim of hardship. (Arteaga-De Alvarez v. Holder, 12/26/12)
ICE Detainee Dies at Phoenix, Arizona Hospital
ICE press release on the death of a 34-year-old Guatemalan national who died in ICE custody at a Phoenix, Arizona while undergoing treatment for diabetes complications. He is the first detainee to die in ICE custody in FY2013.
CA1 Upholds Adverse Credibility Determination
The court upheld the IJ’s conclusion that the asylum applicants’ testimony was not credible, and rejected the argument that the BIA improvidently fashioned its own factual findings in order to uphold the adverse credibility determination. (Chen v. Holder, 12/21/12)
ICE Announces Year-End Removal Numbers & Non-Renewal of 287(g) Task Force Agreements
ICE press release announcing that ICE removed 409,849 individuals in FY2012 and that it is not renewing its 287(g) agreements with state & local law enforcement task forces.
ICE Memo on New National Detainer Guidance for Civil lmmigration Enforcement
A 12/21/12 guidance memo from ICE Director John Morton limiting the use of ICE detainers to certain enumerated circumstances. AILA Doc.
ICE Issues Revised Immigration Detainer Form I-247
ICE revised immigration detainer Form I-247, issued in December 2012. The form incorporates national detainer guidance issued by ICE on 12/21/12 which limits the use of detainers to individuals who meet ICE enforcement priorities.
26 Individuals Including Six Lawyers Charged with Immigration Fraud Schemes
U.S. Attorney’s Office for the Southern District of New York unsealed indictment of 26 people for allegedly participating in immigration fraud schemes related to the submission of hundreds of asylum applications containing fabricated claims of persecution. (U.S. v. Liu, 12/20/12)
Immigration Court and EOIR Office Closings for December 20, 2012
EOIR public statement announcing that the Omaha, Nebraska immigration court will be closed to the public on Thursday, December 20, 2012 due to inclement weather.
USCIS Message to Stakeholders on Recent Federal Register Notice Publications
USCIS press release on recent Federal Register notices on proposed form revisions, including Consideration of Deferred Action for Childhood Arrivals (DACA) Form I-821D, Application for Naturalization Form N-400, Application for Employment Authorization Form I-765 and more.
Sign-On Letter to President Obama on Immigration Enforcement Priorities
On 12/20/12, AILA joined 289 immigration, labor, faith, human rights, and community advocacy organizations in a sign-on letter to President Obama outlining recommendations for policy reforms in immigration enforcement and detention.
DREAMers File Lawsuit Challenging Michigan’s Policy Denying Driver’s Licenses
ACLU press release announcing that several Michigan residents have filed a lawsuit challenging the state of Michigan’s policy of denying driver’s licenses to immigrant youth whom the federal government has allowed to stay and work in the U.S.