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
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.
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)
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.
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)
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.
DHS Notice on Standards to Prevent Sexual Abuse in Confinement Facilities (Updated 12/19/12)
DHS Federal Register notice of proposed rulemaking on issuing regulations that set standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities, pursuant to the Prison Rape Elimination Act of 2003. (77 FR 75299, 12/19/12)
BIA Terminates Removal Proceedings After Finding Conviction Not Child Abuse
Unpublished BIA decision terminating proceedings after finding that a conviction of contributing to the delinquency of a minor does not qualify as an aggravated felony and that the conduct underlying the conviction may not be used to reach a contrary conclusion. Courtesy of Magdalena Metelska.
BIA Upholds Exception To Filing Deadline in Asylum Case With 18-Year Filing Delay
In an unpublished asylum case, the BIA held that the respondent met an exception to the one-year filing deadline to overcome an 18-year filing delay based on the respondent’s HIV-positive diagnosis and struggle to accept his sexuality. Courtesy of Ashley Huebner.
CA7 Rejects Argument that BIA Failed to Consider Evidence
The court upheld the denial of the petitioner’s cancellation of removal application, finding that the BIA did not fail to consider evidence of “exceptional and extremely unusual hardship” in its decisions. (Cruz-Moyaho v. Holder, 12/18/12)
CA2 Reverses BIA on Social Visibility Assessment
The court vacated the BIA order denying asylum, held that a group of potential witnesses against a KLA leader constituted a particular social group, and remanded the case for further consideration. (Gashi v. Holder, 12/18/12)
CA6 Holds BIA Abused Discretion When Considering Motion to Reopen Asylum Case
The court remanded the case, holding that the BIA abused its discretion when it considered whether there were changed country conditions and when it dismissed evidence simply because the statements were not made before a notary public. (Zhang v. Holder, 12/18/12)
District Judge Rejects Hosh and Rojas
AILA Amicus Committee alert by Devin Theriot-Orr on DHS’s continued assertion of mandatory detention in all “when released” cases arising in the Western District and reminder to members to consider filing a habeas corpus petition in these cases.
DHS Federal Register Notice on DACA and Form I-821D (Updated 2/27/13)
DHS notice of information collection under review for 30 days for Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA). Comments are due 3/29/13. (78 FR 13370, 02/27/13)(77 FR 74488, 12/14/12)
Summary of DACA Implementation Survey Results
Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation.
USCIS Data on DACA Cases Received Through December 13, 2012
USCIS statistics on DACA cases from 8/15/12 to 12/13/12 which shows a total of 355,889 accepted DACA requests for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved.
CA8 Finds DHS Did Not Violate Asylum Applicant’s Confidentiality Rights
The court rejected the petitioner’s arguments that an overseas DHS investigation violated her confidentiality rights and that the IJ considered untrustworthy evidence, and upheld the BIA’s conclusion she had not suffered past persecution. (La v. Holder, 12/13/12)
CA5 Holds New Mexico Conviction for Vehicle Burglary is Aggravated Felony
The court held that a conviction for burglary of a vehicle under New Mexico Statute § 30-16-03(B) constitutes a crime of violence, and therefore the petitioner is removable for having committed an aggravated felony. (Escudero-Arciniega v. Holder, 12/11/12)
Minnesota State Court Decision on Special Immigrant Juvenile Status
In an unpublished decision, a Minnesota state court found that the SIJS statute only requires a finding that reunification is not viable with one of the child's parents, not both parents. (In the Matter of the Welfare of: D. A. M., 12/10/12)
Lopez-Mendoza Reconsidered: The Changing Face of Immigration Enforcement
AILA Amicus Committee alert by Melissa Crow and Matthew Price on the Supreme Court case, Lopez-Mendoza, and the need for updated legal framework in light of the changing immigration enforcement arena.
Secretary Napolitano Announces Standards to Prevent Prison Rape in Detention Facilities
DHS press release announcing that DHS has submitted to the Federal Register a Notice of Proposed Rulemaking on standards to prevent, detect, and respond to sexual abuse and assault in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003 (PREA).
Practice Pointer: Prosecutorial Discretion & LGBT Families
Liaison practice pointer offering information on prosecutorial discretion, a background on DOMA, and suggestions for how to protect an LGBT client. Special thanks to Victoria Neilson and the LGBT Working Group.