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
AILA Files Amicus Brief in Fleuti/101(a)(13)(C) SCOTUS Case
AILA urges the court to refrain from deciding the effect of INA §101(a)(13)(C) on Fleuti, but sets forth its position that the statute did not abrogate the rule that LPRs returning from “brief, casual, and innocent” departures are to be treated as if they never left.
EOIR Swears in Three New Immigration Judges
EOIR announced the investiture of three new immigration judges who will join the immigration judge corps in East Mesa, California; Lumpkin, Georgia; and Dallas, Texas.
Baltimore EOIR Notice on Prosecutorial Discretion Pilot Project
Notice from Brenda L. Cook, Court Administrator, Baltimore EOIR, to non-detained individuals whose cases are to be rescheduled pursuant to the prosecutorial discretion pilot project.
District Court Certifies Class of Detainees with Mental Disabilities
The court certified a class action asserting the right to counsel for immigrant detainees with mental disabilities in California, Arizona, and Washington in a lawsuit filed last year by NWIRP, the ACLU, Sullivan & Cromwell, and others. (Franco v. Napolitano, 11/21/11)
USCIS Policy Memo on Material Support and the Provision of Medical Care
USCIS 11/20/11 policy memo on the implementation of a new exemption to apply the material support inadmissibility grounds to certain individuals who provide medical care to persons associated with terrorist activities or organizations.
USCIS Revises Hold Guidance for Cases Involving TRIG to Allow for Some Cases to be Denied
USCIS 11/20/11 policy memo revising existing hold guidance for terrorism-related inadmissibility grounds (TRIG) cases to allow for the denial of some cases currently on hold where a TRIG exemption would not be granted to the applicant even if an exemption were available.
CA9 Says CA Residential Burglary Is a Particularly Serious Crime
The court held that a conviction for residential burglary under Cal. Penal code §459 is a crime of violence under 18 USC §16(b) and is therefore a bar to withholding of removal as a particularly serious crime. (Lopez-Cardona v. Holder, 11/18/11)
BIA on Analyzing “Single Scheme” CIMTs
The BIA held that in determining whether an alien’s convictions for two or more CIMTs arose out of a single scheme, the Board’s analysis in Adetiba is controlling and should be uniformly applied in all circuits. Matter of Islam, 25 I&N Dec. 637 (BIA 2011)
ICE Guidance on Next Steps in Implementing Prosecutorial Discretion
Additional prosecutorial discretion guidance released on 11/17/11, outlining the next steps in implementing the 6/17/11 John Morton memos and the 8/18/11 DHS announcement on immigration enforcement priorities.
Guidance to ICE Attorneys Reviewing Cases before EOIR
Companion guidance to the 11/17/11 Peter Vincent memorandum, outlining enforcement priorities for cases that should generally be pursued in an accelerated manner, as well as criteria for low-priority cases that should be carefully considered for prosecutorial discretion.
ICE Memo on Prosecutorial Discretion Case Review Process
An 11/17/11 memorandum from Peter S. Vincent, ICE Principal Legal Advisor on the review of incoming and pending immigration court cases to ensure that such cases conform to ICE’s civil enforcement priorities as described in the 6/17/11 John Morton memorandum.
AILA Applauds ICE for Progress on Immigration Case Review
AILA welcomes new guidance issued in a memo from ICE that outlines the process for reviewing pending and incoming immigration cases for their eligibility to apply prosecutorial discretion.
AILA Letter to House Judiciary Committee on H.R. 3256
A 11/17/11 AILA letter to House Judiciary Committee expressing concern over H.R. 3256- Deport Convicted Foreign Criminals Act of 2011, which would damage the U.S. visa processing system and jeopardize U.S. businesses and communities.
AILA/ICE Liaison Meeting Minutes (11/17/11)
AILA ICE Liaison Committee report from an 11/17/11 liaison meeting with ICE. Questions and answers address Matter of E-R-M-F-, Secure Communities, prosecutorial discretion, DUI and release determinations, stays of removal, post-order procedures, and more.
AILA/ICE Fall 2011 Liaison Meeting Minutes
AILA ICE Liaison Committee minutes from the fall 2011 liaison meetings with ICE. Questions and answers address Matter of E-R-M-F-, Secure Communities, prosecutorial discretion, DUI and release determinations, stays of removal, post-order procedures, and more.
CA5 on Possession of Marijuana with Intent to Distribute
The court found that where a state criminal statute covers both the felony and misdemeanor conduct under 21 USC §841, it is presumed to be a felony unless the petitioner proves he was convicted of misdemeanor conduct. (Moncrieffe v. Holder, 11/8/11; Revised 11/17/11)
EOIR Statement Regarding Prosecutorial Discretion
EOIR press release regarding ICE's directive to ICE attorneys relating to the exercise of prosecutorial discretion for cases pending in the immigration courts and for cases where a charging document has not yet been filed in immigration court.
DOJ Comment Request on Form EOIR-26
DOJ notice of a 60-day comment period on Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Comments due 1/17/12. (76 FR 70754, 11/15/11)
DOJ Comment Request on Forms EOIR 42A and 42B
DOJ notice of a 60-day comment period on Application for Cancellation of Removal for Certain Permanent Residents (42A) and Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (42B). Comments due 1/17/12. (76 FR 70754, 11/15/11)
CA3 Finds IJ Failed to Act as Neutral Arbiter; Reverses Adverse Credibility
The court found that Petitioner’s due process rights were violated when government counsel was unprepared at the merits hearing and the IJ took over cross-examination and ceased functioning as a neutral arbiter. (Abulashvili v. Att’y Gen. of the U.S., 11/15/11)
EOIR Announces Appointment of Ana Landazabal Mann to BIA
EOIR press release announcing the appointment of Ana Landazabal Mann to the Board of Immigration Appeals (BIA).
EOIR Policy Memo on the Asylum Clock
An 11/15/11 memo from Brian M. O’Leary, Chief Immigration Judge, addressing asylum clock procedures, including stopping and starting the clock, adjournment codes, staff responsibilities, future hearing dates, treatment of cases on appeal or remand, and more.
Additional Resources on AILA/AIC Report on Prosecutorial Discretion
Summary and additional resources on AILA/AIC report, Holding DHS Accountable on Prosecutorial Discretion, highlighting nationwide discrepancies in the exercise of prosecutorial discretion by DHS.
Prosecutorial Discretion – It isn’t that hard
Written by: Palma Yanni, AILA Media-Advocacy Committee On November 10, 2011, the American Immigration Lawyers Association (AILA) and the American Immigration Council (AIC) issued a report chronicling the implementation of Immigration and Customs Enforcement (ICE) Director John Morton's June 17, 2011
AILA/AIC Survey Findings on the Exercise of Prosecutorial Discretion
AILA and AIC released a report titled Holding DHS Accountable on Prosecutorial Discretion. AILA members responded to the joint survey with accounts of their interactions with ICE Field Offices and Offices of Chief Counsel regarding the use of prosecutorial discretion.