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
USCIS Fact Sheet on Deferred Action
USCIS fact sheet reminding people that they are not currently accepting applications for deferred action and that USCIS is developing a process for qualified young people to request deferred action. They will implement the process within 60 days of June 15, 2012.
CA9 on the Material Support Bar and Administrative Waiver Process
The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12)
Representative Smith States New Deferred Action Policy Incentivizes Fraud
A 7/3/12 letter from Representative Smith (R-TX) to ICE Director Morton expressing concern about fraud and requesting clarification regarding the deferred action policy for certain undocumented youth.
EOIR Headquarters After Power Outage
EOIR public notice announcing that all immigration courts, EOIR headquarters and the Board of Immigration Appeals are open again after a closure on 7/2/12 due to a power outage.
CRCL Newsletter, June 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) June 2012 newsletter with information on Supreme Court’s ruling on Arizona SB 1070 law, CVE joint conference in Canada, LGBT Pride Month and more.
Practice Advisory for Criminal Defenders from the Immigrant Legal Resource Center
This advisory, prepared by the Immigrant Legal Resource Center, a partner organization of the Defending Immigrants Partnership (www.defendingimmigrants.org), outlines defense strategies to preserve a client’s possible eligibility for deferred action.
EOIR Headquarters Closed Due to Power Outage
According to the EOIR website, EOIR Headquarters is closed today, July 2, 2012, due to a power outage in the building. This includes the Headquarters Immigration Court and the Board of Immigration Appeals. All other immigration courts are open as scheduled.
Practice Alert: Information on BIA Filings During Weather-Related Closure
EOIR Headquarters is currently closed due to a power outage in the building. The Emergency Stay telephone line is open, but unreliable. AILA cannot confirm whether there will be a “grace-period” for weather-related filing delays with EOIR.
CA5 Finds Petitioner Is Not Entitled to Derivative Citizenship
The court found the petitioner was not entitled to derivative citizenship under INA § 321(a)(2) or (3), and that § 321(a) does not unconstitutionally discriminate on the basis of gender or legitimacy. (Ayton v. Holder, 7/2/12)
Report on Immigration Offenders in the Federal Justice System
DOJ report from Bureau of Justice Statistics (BJS) entitled “Immigration Offenders In The Federal Justice System, 2010” which presents data on criminal and civil immigration violations handled by the federal justice system over the last decade.
VOICE: July/August 2012
It’s been a busy summer in terms of immigration news, so catch up on all the latest happenings including features on DNA testing, foreign trusts, and other great expert advice for your practice!
DOJ OIL June 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) June 2012 Litigation Bulletin where Fifth Circuit ruled that “particularity” and “social visibility” criteria for “particular social group” asylum claims are reasonable and entitled to Chevron deference.
Immigration Law Advisor, June 2012 (Vol. 6, No. 6)
Immigration Law Advisor, a legal publication from EOIR, with an article on the difference between “admission” and “admitted” in the INA, as well as circuit court decisions for May 2012, recent BIA precedent decisions, and a regulatory update.
BIA Holds Returning LPR Is Applicant for Admission
The BIA held that the LPR respondent could be treated as an applicant for admission if DHS shows by clear and convincing evidence that the respondent attempted to bring an undocumented child into the U.S. Matter of Guzman Martinez, 25 I&N Dec. 845 (BIA 2012)
CA9 Denies 212(h) Waiver for Failure to Meet Heightened Hardship Standard
The court upheld the BIA’s denial of a 212(h) waiver, holding that the petitioner committed a “violent or dangerous” crime and that he failed to satisfy the heightened hardship standard required by 8 C.F.R.§ 1212.7(d). (Rivera-Peraza v. Holder, 6/29/12)
TRAC Report on Prosecutorial Discretion Updates
Transaction Records Access Clearinghouse (TRAC) report showing that as of 6/28/12, a total of 5,684 cases were closed because of prosecutorial discretion. The largest number of prosecutorial discretion closures was 3,060 for Mexico, representing 2.9 percent of their backlog.
CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim
The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12)
1999 Congressional Sign On Letter on Guidelines for Use of Prosecutorial Discretion in Removal Proceedings
In 1999 Representatives Smith, Sensenbrenner and others sent a letter to Attorney General Reno and INS Commissioner Meissner expressing concern about “deportations that were unfair and resulted in unjustifiable hardship” and urging them to use discretion in removals.
BIA Holds that Accessory After the Fact Qualifies as an Aggravated Felony
The BIA held that the respondent’s conviction for accessory after the fact is an aggravated felony because it is “an offense relating to obstruction of justice.” Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012)
FAQs on Criminal Records for Deferred Action Applicants (Updated 6/27/12)
Prepared by the National Immigration Project (NLG), these FAQs will help you better understand what your criminal record can mean when applying for deferred action. In English and Spanish.
CA9 Finds BIA Erred In Making Factual Determinations
The court found that the Board committed legal error by engaging in prohibited de novo review and by making its own factual determination when it reversed the IJ’s determination that the petitioner was admissible. (Rodriguez v. Holder, 6/27/12)
CA1 Denies Guatemalan Social Group Claim
The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12)
Sign-On Letter Regarding DHS’ Announcement on Deferred Action for Certain Undocumented Youth
AILA sign-on letter with over 70 organizations to DHS Secretary Napolitano commending the new initiative offering deferred action for certain undocumented youth and offering policy and operational recommendations.
CA6 Holds Pakistani Petitioner Abandoned LPR Status
The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12)
White House Blog on Deferred Action and Asian Americans
White House blog post from President’s Advisory Commission on Asian Americans and Pacific Islanders member May Chen on President Obama’s decision on deferred action and how Asian Americans need to mobilize for greater immigration reforms.