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
EOIR Provides Cost Saving Analysis on the Legal Orientation Program
EOIR provided a cost-saving analysis report on the Legal Orientation Program (LOP) from FY2009 through FY2011, finding that detained individuals’ participation in the LOP significantly reduced the length of their immigration court proceedings.
BIA Sua Sponte Reopens Proceedings Based on Inaccurate Admission
In an unpublished decision, the BIA sua sponte reopened proceedings based on exceptional circumstances, because the respondent admitted to two controlled substance convictions which did not exist during a hearing with his prior attorney. Courtesy of Charles Medina.
CA11 on Right to Confidentiality in Asylum Proceedings
The court affirmed the adverse credibility finding, and found the investigator’s disclosure of the petitioner’s name to a Ukrainian hospital administrator did not breach her right to confidentiality in the asylum process. (Lyashchynska v. U.S. Att’y Gen., 4/4/12)
AILA Comments on EOIR’s Recognition and Accreditation Program
AILA’s comments on the regulations governing the EOIR Recognition and Accreditation Program, encouraging EOIR to adopt additional safeguards to help strengthen the program and combat program-related fraud.
ICE Report on Deportation of Parents of U.S.-Born Citizens During FY2011
ICE semi-annual report on detailed evaluation of the process and required changes to begin tracking the deportation of people with U.S.-born children for the first half of FY2011.
CRCL Newsletter, April 2012
DHS Office for Civil Rights and Civil Liberties (CRCL) January 2012 newsletter with information on LGBT equality, national detention standards and the new DHS Language Access Plan.
Additional Court Dockets Suspended for Prosecutorial Discretion Review
News release announcing that EOIR will suspend or partially suspend the non-detained docket in seven additional cities beginning in late April, in order to facilitate DHS’s review of pending removal cases for grants of prosecutorial discretion.
IJ Grants Asylum to Salvadoran Youth Targeted for Gang Reprisal
The Immigration Judge found that the applicant had a well-founded fear of future persecution on account of his family ties, where the applicant’s father had been convicted of raping the sister of a gang member and the gang sought revenge. Courtesy of Nikki Mehrpoo Jacobson.
CA9 on Standard of Review for Particularly Serious Crime Determination
The court held that determining whether a crime is particularly serious for the purposes of a withholding claim is an inherently discretionary decision, and that they will review such decisions for abuse of discretion. (Arbid v. Holder, 4/3/12, amended 11/9/12)
EOIR Swears in New Assistant Chief Immigration Judge
EOIR press release announcing that Attorney General Eric Holder appointed Christopher A. Santoro as a new assistant chief immigration judge during a swearing-in ceremony on 3/30/12.
Sign-On Letter to the White House Urging for PREA to Cover Immigration Detention Facilities
On 4/2/12, AILA joined immigration, labor, faith-based, community, and victim advocacy organizations in a sign-on letter to the White House urging for the implementation of the Prison Rape Elimination Act of 2003 (PREA) in immigration detention facilities.
Immigration Law Advisor, March 2012 (Vol. 6, No. 3)
Immigration Law Advisor, a legal publication from EOIR, with an article on the current framework for establishing the fact of conviction in light of Matter of J.R. Velasquez, as well as circuit court decisions for February 2012, and recent BIA precedent decisions.
BIA Remands Egyptian Asylum Case
In an unpublished decision, the Board reversed a decision denying asylum, noting that a persecutor “may have several reasons for harming a victim and proving the exact reason for the past or feared persecution may be impossible in some cases." Courtesy of David Cleveland.
CA1 Finds No Changed Country Conditions in Chinese Asylum Case
The court affirmed the BIA’s conclusion that reopening of the Chinese petitioner’s asylum case was unwarranted due to his failure to establish a change in circumstances or country conditions. (Chen v. Holder, 3/30/12)
AILA/EOIR Liaison Meeting Q&As (3/29/12)
Official questions and answers from an AILA EOIR Liaison Committee meeting with the EOIR on 3/29/12. Topics include rulemaking updates, prosecutorial discretion, the practice manual, laptops in the courtroom, subpoenas, telephonic testimony, limited appearances, and more.
AILA's New Members Division Newsletter, March 2012 (Vol. 4, Issue 3)
In this issue, learn how prosecutorial discretion and the DREAM Act worked in one client’s favor, tips on processing E-2 visas and filing waivers for beginners, how AILA resources can bolster your research, and much more!
AILA CBP Liaison Report (3/29/12)
AILA CBP liaison report from a meeting with CBP on 3/29/12. Topics include FOIA, I-94 elimination, L-1s, Blanket Ls, automatic visa revalidation, ESTA, TNs, WHTI, ULP, NTAs, H-1B portability, B-2s, and more. Supplemental notes from subsequent teleconferences also included.
USCIS Q&As from AILA Meeting (3/29/12)
USCIS Q&As from its 3/29/12 meeting with AILA Liaison. Topics include preponderance of evidence standard, entrepreneurs and small businesses, EAD and the asylum clock, AAO, customer service, lockbox issues, and more.
CA4 on 212(h) Waiver Eligibility
The court found that an individual who adjusts to LPR status after entering the U.S. can seek a 212(h) waiver, reversing the BIA’s finding that a post-entry adjustment of status constituted an “admission” to the U.S. (Bracamontes v. Holder, 3/29/12).
Supreme Court Holds INA §101(a)(13)(c)(v) Does Not Apply Retroactively
The Court held that the impact of petitioner’s brief travel abroad on his legal permanent resident status is determined not by IIRIRA, but by the legal regime in force at the time of his conviction. (Vartelas v. Holder, 3/28/12)
House Judiciary’s Immigration Subcommittee Hearing on ICE’s National Detention Standards
Testimony from the 3/28/12 House Judiciary Subcommittee on Immigration Policy and Enforcement Hearing on ICE’s performance-based national detention standards.
AILA Testimony on ICE’s New Detention Standards Submitted to House Immigration Subcommittee
AILA testimony submitted to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 3/28/12 hearing on DHS’s new immigration detention standards.
CIS Ombudsman’s Office Recap of ICE Public Advocate Teleconference
CIS Ombudsman’s Office recap from 3/28/12 teleconference with ICE public advocate Andrew Lorenzen-Strait. Topics included pro se applicants, detention issues for families and parental rights, LGBT rights, and prosecutorial discretion issues.
AILA Denounces House Hearing; Immigration Detention is No "Holiday"
AILA is troubled by the premise of the House Subcommittee on Immigration's hearing entitled "Holiday on ICE." The immigration detention system is plagued with problems, yet this hearing implies that immigrant detention is a vacation.
AILA Fact Sheet on Detention Funding in the 2012 Congress
2012 National Day of Action fact sheet on detention funding in the 2012 Congress.