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
Sign-On Letter to President Obama Calling for Closure of the 10 Worst Detention Facilities
On 11/28/12, AILA joined immigration, labor, faith, and human rights organizations in a sign-on letter calling for the closure of ten of the worst detention centers in the country while making immediate changes to ensure the safety, dignity and well-being of immigrants.
AIC/AILA Comments on DOJ Regulatory Review
AIC/AILA comments in response to the advance notice of proposed rulemaking published in the Federal Register on 9/28/12 as part of the DOJ “Retrospective Regulatory Review” under Executive Order 13563. Includes comments on 8 CFR Parts 1003, 1216, and 1235.
CA7 Denies Motion to Reopen Based on Change in Country Conditions
The asylum applicant argued her case should be reopened due to the birth of her two USC children and the enforcement of China’s family planning policy, but the court held there was a change in personal circumstances, not country conditions. (Zheng v. Holder, 11/27/12)
CA3 Denies Asylum Applicant’s Motion to Reopen
The court upheld the BIA’s denial of the motion to reopen, noting that the petitioner did not show how he acquired the previously unavailable evidence and that he failed to file a new asylum application as required by the regulations. (Lin v. Atty’ Gen., 11/27/12)
AILA Brings Back the ILS Quarterly Newsletter (Vol. 1, Issue 1)
Check out the return of AILA’s Immigration Lawyer Search (ILS) Newsletter which highlights practice tips and statistics from www.ailalawyer.com.
DHS Privacy Impact Assessment (PIA) Report on ICE Alien Medical Records Systems
DHS Privacy Impact Assessment (PIA) report from 11/27/12 describing information in ICE alien medical record systems, why information was collected and safeguards ICE implemented to mitigate privacy and security risks to personally identifiable information stored in the systems.
CA7 Holds Political Opinion Was Not Central Motivation for Persecution of Asylum Applicant
The court rejected the argument that the IJ improperly required political opinion to be the “primary” reason the petitioner was persecuted, finding that substantial evidence showed political opinion was not a central motivation. (Shaikh v. Holder, 11/26/12)
MIRC Issue Brief: Michigan Drivers Licenses for DACA Grantees
This Michigan Immigrant Rights Center Issue Brief concludes that the position of the Michigan Secretary of State that DACA grantees are not "legally present" under Michigan law and are therefore are ineligible for drivers licenses is inconsistent with state and federal law.
Prosecutorial Discretion for the Families of Deferred Action Recipients
On the eve of Thanksgiving, I think I'm doing what most Americans do this time of year - I'm counting my blessings. I have so much to be thankful for - both in my personal life as well as my professional life. In my professional life, I find myself extremely thankful for several new policies imple
CA7 Rejects Constitutional Challenge to Asylum Regulation
The court found that it did not have jurisdiction to review the BIA’s conclusion that the petitioner’s asylum application was untimely, rejecting the argument that 8 C.F.R. § 1208.4(a)(5)(iv) is unconstitutionally vague. (Vrljicak v. Holder, 11/20/12)
CA4 Holds Asylum Applicant is Subject To Material Support Bar
The court found that the BIA did not err when it held that the petitioner was statutorily ineligible for asylum and withholding of removal because he was a member of, and provided material support to, a terrorist organization. (Viegas v. Holder, 11/19/12)
AILA’s New Members Division Newsletter, November 2012 (Vol. 4, Issue 7)
In this issue, learn how to prepare your firm and clients for a natural disaster, see what AILA’s Colorado Chapter learned after hosting a DACA workshop, and get ten tips for representing an EB-5 investor.
AILA’s Pro Bono Newsletter, Fall 2012
In this issue, find out how AILA chapters and members are springing into DACA action, read about the 2012 Maggio Fellow’s amazing summer, and check out the new “Voices of Pro Bono” feature!
Supreme Court Once Again Wrestles with Immigration Consequences of Guilty Pleas in Chaidez v. U.S.
AILA Amicus Committee alert on Chaidez v. U.S, where the Supreme Court will hear arguments to determine whether Padilla v. Kentucky applies retroactively.
TRAC Report on Continued Decline in Criminal Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) November 2012 report showing continued decline in number of criminal prosecutions resulting from referrals made by ICE and CBP agents, with 81,496 prosecutions filed in the last 12 months, nearly 10% fewer than in August 2011.
BIA Reverses IJ, Grants Cancellation of Removal
In an unpublished decision, the BIA determined that the respondents were eligible for cancellation of removal in part because of the hardship to their USC daughter, who is an extremely talented dancer and would be unable to continue her career. Courtesy of Kevin Crabtree.
USCIS Filing Tips for Deferred Action for Childhood Arrivals
USCIS fact sheet reminding people that consideration for deferred action for childhood arrivals involves several steps, including multiple forms, evidence and fees. This fact sheet provides tips to avoid having requests rejected or delayed because of common filing errors.
USCIS Guidance for Employers on Deferred Action for Childhood Arrivals (DACA)
USCIS fact sheet providing specific guidance to employers on the treatment of employment authorization documents (EADs) issued by USCIS to deferred action for childhood arrival (DACA) recipients and how employers should process Form I-9 in these cases.
BIA on Determining Whether LPR is Applicant for Admission
The BIA held that when DHS paroled a returning LPR, it did not need to have all the evidence to sustain its burden of proving the LPR was an applicant for admission until the time of the removal proceeding. Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012)
AILA/EOIR Liaison Meeting Minutes (11/15/12)
Official minutes from the AILA EOIR and OCAHO Liaison Committees’ meeting with EOIR on 11/15/12. Topics include publication of OCAHO decisions, OCAHO caseload, ICPM and court practices, telephonic hearings, bond hearings, asylum filings, regulatory updates, and more.
CA10 Upholds BIA Interpretation of Continuous Physical Presence Statute
The court upheld the BIA’s determination that the petitioner did not satisfy the continuous physical presence requirement for cancellation of removal because his voluntary return to Mexico was under threat of removal proceedings. (Barrera-Quintero v. Holder, 11/15/12)
USCIS Data on DACA Cases Received Through November 15, 2012
USCIS statistics on DACA cases from 8/15/12 to 11/15/12 which shows a total of 298,834 accepted DACA requests for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.
NGO Report on Ten Worst Prisons for Immigrants in America
Detention Watch Network (DWN) report from 11/15/12 outlining acute and chronic human right violations occurring in immigration detention in the United States today, identifying ten prisons and jails that are among the worst where immigrants are detained by the U.S. government.
ICE Launches Second Phase of Community and Detainee Helpline
ICE press release on launch of second phase of Community amd Detainee Helpline (CDH) where detainees from ERO Washington, Baltimore, Atlanta, Miami, and New Orleans can directly contact Office of Public Advocate by telephone through toll-free telephone systems in the facilities.
EOIR Updates Sections of Immigration Court Practice Manual
EOIR 11/14/12 update of several different sections of the Immigration Court Practice Manual, including providing updated addresses for the Headquarters and Arlington Immigration Courts in Appendix A of the Practice Manual.