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
H.R. 1932 Keep Our Communities Safe Act of 2011 (Updated 7/15/11)
H.R. 1932, Keep Our Communities Safe Act, expands the use of detention for individuals who are in removal proceedings and who cannot be deported. The bill would also radically restructure the judicial review process for those in detention.
AILA Testimony on Detention Bill Submitted to House Immigration Subcommittee
AILA testimony submitted on 6/1/11 to the House Judiciary Subcommittee on Immigration Policy and Enforcement for the 5/24/11 hearing on H.R.1932, the “Keep Our Communities Safe Act of 2011.”
House Judiciary Committee Hearing on Impact of Zadvydas v. Davis
Testimony from the 5/24/11 hearing before the House Judiciary Committee titled “H.R.1932, the Keep Our Communities Safe Act of 2011” including discussion on the impact of Zadvydas v. Davis on ICE detentions.
CA8 Remands for BIA Finding on Equitable Tolling of MTR Deadline
The court remanded for the BIA to determine whether the motion deadline is equitably tolled based on ineffective assistance of counsel, and if so, to rule on the motion whether on the basis of the departure bar or other grounds. (Ortega-Marroquin v. Holder, 5/23/11)
CA1 Upholds Adverse Credibility in Ivory Coast Asylum Claim
Over dissent, the court denied the petition, noting that Petitioner used nearly identical language to describe his mistreatment as that used in an Amnesty International report, and where his testimony was inconsistent and uncorroborated. (Dehonzai v. Holder, 5/23/11)
Supreme Court to Decide Whether Tax Offense Is an Aggravated Felony
The Court granted certiorari in Kawashima v. Holder to determine whether convictions for filing, and aiding and abetting in filing, a false statement on a corporate tax return, 26 USC §§7206(1) and (2), are aggravated felonies under INA §101(a)(43)(M)(i).
H.R. 1932 Keep Our Communities Safe Act of 2011
Legislation from Rep. Lamar Smith that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
AILA Denounces House Detention Bill
AILA press statement on upcoming House hearing to discuss H.R. 1932, a bill that would strip important due process protections of harmless individuals by needlessly increasing the government’s already broad authority to detain noncitizens.
CA6 Remands for BIA Finding on Whether Citizenship Revocation Is Persecution
The court remanded the case, finding that the BIA failed to consider whether the revocation of Petitioner’s Estonian citizenship on account of her Russian ethnicity amounted to persecution. (Stserba v. Holder, 5/20/11)
DHS PIA Update for the EID ENFORCE Alien Removal Module (EARM 3.0)
DHS/ICE update to the Enforcement Integrated Database (EID) Privacy Impact Assessment describing upgrades made by ICE to the ENFORCE applications, referred to as EARM 3.0, which include merging two of the applications, modifying the data collected by DHS, and more.
AILA/USCIS Field Operations Liaison Q&As (5/20/11)
Official minutes of the 5/20/2011, AILA liaison meeting with USCIS Field Operations. Topics include I-130 appeals, fee collection, communication, right to representation, follow-up notices, I-751, DOMA, address change, NTAs, adjustment for VWP applicants, and more.
ICE Policy on Notification and Reporting of Detainee Deaths
ICE policy number 11003.2, dated 5/19/11, providing initial notification and ongoing reporting responsibilities after the death of a detainee in the custody of ICE. This policy memo supersedes a 10/1/09 memo. Obtained through FOIA by Stephen Yale-Loehr
EOIR Director Osuna’s Testimony on the Immigration Court System
Testimony of EOIR Director Juan Osuna on improving efficiency and ensuring justice in the immigration court system, given before the Senate Committee on the Judiciary on 5/18/11, in which he addresses caseload, hiring and training, ethics and accountability, BIA, and more.
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules
DOJ Preliminary Plan for Retrospective Analysis of Existing Rules, dated May 18, 2011, creates an internal working group that would review existing regulations, collaborate with rulemaking components, solicit public comment, and recommend revisions.
AILA Testimony on Immigration Courts Submitted to Senate Judiciary Committee
AILA testimony submitted to the Senate Judiciary Committee for the 5/18/11 hearing titled Improving Efficiency and Ensuring Justice in the Immigration Court System.
EOIR Updated Guidance on Applications for Suspension/Cancellation Once Numbers are No Longer Available
Chief Immigration Judge Brian O’Leary issued OPPM 11-01 stating that once numbers are no longer available in a fiscal year, Immigration Judges must, with some exceptions, reserve the decision in all suspension of deportation or cancellation of removal cases which are subject to the cap.
CA9 Says WA Criminal Assistance Is Not Categorically an Aggravated Felony
The court held that Petitioner’s misdemeanor conviction for rendering criminal assistance in violation of Wash. Rev. Code §9A.76.080 is not categorically an aggravated felony obstruction of justice crime under INA §101(a)(43)(S). (Hoang v. Holder, 5/17/11)
Minnesota Court Says Padilla v. Kentucky Applies Retroactively
The court found that the Supreme Court decision in Padilla v. Kentucky is not a new rule of constitutional criminal procedure and therefore applies retroactively to cases on collateral review. (Campos v. Minnesota, 5/16/11)
What Legal Authority Does President Obama Have to Act on Immigration?
Article by David Leopold published in the May 2011 issue of Bloomberg Law Journal exploring three concepts — prosecutorial discretion, deferred action, and parole — that are being discussed in public debates but are frequently misunderstood.
ICE Announces Three Sentenced for the Making and Selling of Fraudulent ID Documents
ICE press release announcing that three Mexican nationals were sentenced to federal prison for charges relating to the trafficking of identification documents and the possession of document-making implements. The three men will be removed following their sentences.
CA1 Finds Rape of Cambodian Woman Was Not Politically Motivated
The court upheld the IJ’s denial of asylum, finding that the evidence suggested that the rapist took personal advantage of information that Petitioner was vulnerable in her husband’s absence, not that the rapes were politically motivated. (Pheng v. Holder, 5/12/11)
AILA/ICE Liaison Meeting Minutes (04/14/11)
AILA ICE Liaison Committee report from an April 14, 2011 liaison meeting with ICE. Questions and answers address detainers, transfers of individuals in detention, ISAP, bond, detention standards at non-DHS facilities, and more.
Texas Court Says Padilla v. Kentucky Applies Retroactively
The court found that the Supreme Court decision in Padilla v. Kentucky applies retroactively and affirmed the vacatur of appellee’s 1994 conviction where counsel failed to inform him of the immigration consequences of a guilty plea. (Texas v. Golding, 5/12/11)
BIA Sets Forth Framework for Firm Resettlement Findings
The BIA set forth a framework for firm resettlement determinations, focusing exclusively on the existence of an offer of permanent resettlement, and allowing for the consideration of direct and indirect evidence. Matter of A-G-G, 25 I&N Dec. 486 (BIA 2011)
Action Speaks Louder Than Words: President Obama Can Use The Law To Help Families and Businesses Even If Congress Refuses To Act On Immigration
I think we can all agree that in the past couple of weeks President Obama has demonstrated he has the guts to make tough decisions. He is a Commander-in-Chief worthy of the title; one who is willing to put the country first, regardless of risk to his own political future. Fixing our broken immigrat