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
White House Fact Sheet on Comprehensive Immigration Reform 2013
White House fact sheet on 2013 immigration plan that will strengthen our borders, crack down on companies that hire undocumented workers, hold undocumented people accountable before earning citizenship and streamline immigration system for families, workers, and employers.
CA9 Holds California Conviction for False Imprisonment is an Aggravated Felony
The court held that a conviction under California Penal Code §210.5 for false imprisonment is a categorical crime of violence because it involves a substantial risk that force may be used. (Barragan-Lopez v. Holder, 1/29/13)
Immigration Court and EOIR Office Closings for January 28, 2013
EOIR public statement announcing that the Ulster, New York and Hartford, Connecticut immigration courts will be closed at 1pm and 3pm respectively on Monday, January 28, 2013 due to inclement weather.
CRCL Newsletter, January 2013
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2013 newsletter with information on new USCIS resources, sexual assault in confinement facilities, human trafficking issues, and more.
CA9 Issues Third Opinion in Case on Unlawful Presence and the Permanent Bar (Updated 1/31/13)
The court removed language permitting the accrual of pre-IIRIRA unlawful presence, denied relief under 212(a)(9)(C)(i)(II), and held that the application of Torres-Garcia to Petitioner was not impermissibly retroactive. (Carrillo de Palacios v. Holder, 1/28/13)
2013 AILA Annual Plan and Budget
The AILA Board of Governors approved AILA’s 2013 Annual Plan and Budget at its meeting on January 26, 2013.
AILA Practice Alert: Provisional Unlawful Presence Waivers (Updated 1/25/13)
AILA practice alert providing answers to key questions surrounding the USCIS final rule, “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives,” which takes effect on March 4, 2013.
DHS PIA Report on Alien Criminal Response Information Management System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Alien Criminal Response Information Management System (ACRIMe) which receives and responds to immigration status inquiries made by other agencies about individuals arrested, subject to background checks, and more.
DHS PIA Report on Bonds Online (eBONDS) System
DHS Privacy Impact Assessment (PIA) report from 1/24/13 on the Bonds Online System (eBONDS), which is a web-based application used primarily by surety agents and the Office of Enforcement and Removal Operations (ERO) to facilitate the ICE immigration bond management process.
CA7 on the Meaning of Lawful Status Under §245(k)
The court held that “lawful status” for adjustment eligibility purposes under §245(k) does not extend to a person who has a prior adjustment application still pending, even if that person’s nonimmigrant status has expired. (Chaudhry v. Holder, 1/17/13)
CA7 Denies Asylum Request of Falun Gong Practitioner
The court held that the petitioner had not suffered past persecution when he learned that his wife in China had been forcibly sterilized, and also that he lacked a well-founded fear of future persecution based on his Falun Gong activities. (Chen v. Holder, 1/18/13)
Iowa Reverses Decision and Will Begin Granting Drivers Licenses to DACA Recipients
The Iowa Department of Transportation released a press release announcing that the state had determined it can now issue driver's licenses or non-operator identification (ID) cards to persons granted DACA based on changed guidance issued by the USCIS.
FCC Notice on Rates for Interstate Inmate Calling Services
FCC notice of proposed rulemaking on the inmate calling services industry and how to ensure just and reasonable rates for inmate calling services. Comments are due 3/25/13. (78 FR 4369, 01/22/13)
AILA New Members Division E-News, January 2013 (Vol. 5, Issue 1)
This issue offers advice on how to navigate the intersection of immigration and criminal law, litigation tips for handling stateside waivers and petitions for an immediate relative, the complications on renouncing U.S. citizenship within U.S. borders, and more!
CA9 on Resisting Arrest as a Particularly Serious Crime
The court remanded the case, holding that the BIA did not adequately explain its conclusion that the petitioner’s California conviction for resisting arrest constituted a particularly serious crime. (Alphonsus v. Holder, 1/18/13)
CRS Report on Prosecutorial Discretion in Immigration Enforcement
Congressional Research Service (CRS) report from 1/17/13 called "Prosecutorial Discretion in Immigration Enforcement: Legal Issues" which addresses the constitutional and other legal foundations and issues related to the doctrine of prosecutorial discretion.
AILA/ICE Workplace Enforcement Meeting Summary (1/17/13)
Q&As from the 1/17/13 AILA Verification & HSI Worksite Enforcement Division meeting. Topics include DACA guidance for employers, FY2012 inspections, substantive/technical errors, NOIs, and electronic I-9s. Thanks to Kathleen Walker, Marketa Lindt & Sharon Mehlman. AILA Doc. No. 13021943.
Letter from North Carolina Attorney General on Drivers Licenses for DACA Grantees
Letter from the North Carolina Attorney General’s Office to the North Carolina DMV stating that individuals who have been granted deferred action pursuant to the DACA program must be issued a North Carolina drivers license in accordance with state law.
CA7 Finds Jurisdiction to Review Deferral of Removal Request
The court held that INA §242(a)(2)(C) does not bar judicial review of a deferral of removal request, found that the evidence supported that the petitioner will probably be murdered if he returns to Kenya, and remanded the case. (Wanjiru v. Holder, 1/11/13)
CA1 Remands Pakistani Petitioner’s Asylum Case
The court found that the BIA and IJ did not properly consider evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13)
CA5 Holds Texas Conviction Is Not Categorically an Aggravated Felony
The court held that a conviction under Texas Penal Code § 22.011(a)(1) for sexual assault is not categorically an aggravated felony because portions of the statute do not inherently involve a substantial risk of physical force. (Rodriguez v. Holder, 1/16/13)
AIC and AILA File Amicus Brief on Mental Competency in Removal Proceedings
AIC and AILA amicus brief, filed with several other organizations, describing the safeguards that DHS and DOJ should adopt to protect the rights of individuals who are not mentally competent when DHS institutes removal proceedings.
TRAC Report on Record Year for Asylum Cases
Transactional Records Access Clearinghouse (TRAC) report showing odds of an asylum claim being denied reached an historic low in FY2012, with only 44.5% being turned down. Almost 2 out of 3 (62.6%) individuals seeking asylum lost their cases in similar actions 10 years ago.
CA6 Finds Withholding of Removal Not Available Derivatively
The court held the petitioner was not eligible for asylum or withholding of removal because he sought relief as a derivative of his wife, whose asylum application was denied, and that withholding of removal is not available derivatively. (Camara v. Holder, 1/15/13)
CA2 Finds District Court Did Not Have Jurisdiction to Review 212(i) Waiver Denial
The court held that it did not have jurisdiction to review the petitioner’s 212(i) waiver denial, noting that even if the complaint had raised constitutional claims, the district court did not have jurisdiction to review those claims. (Shabaj v. Holder, 1/15/13)