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
DHS Letter to Senators Regarding Prosecutorial Discretion
A 8/18/11 letter from DHS Secretary Napolitano to Senator Dick Durbin and 21 other Senators on the implementation of an interagency working group to execute a case-by-case review of all individuals currently in removal proceedings. Letter includes background information.
DHS Announcement on New Process for Implementation of Prosecutorial Discretion Memo
An 8/18/11 letter from DHS Secretary Janet Napolitano announcing a new process for implementing the 6/17/11 prosecutorial discretion memorandum.
White House Blog on Using Prosecutorial Discretion to Maximize Public Safety
White House blog announcing that DHS, along with DOJ, will be reviewing the current deportation caseload to clear out low-priority cases in order to better focus enforcement resources on removing individuals who have been convicted of crimes or pose a security risk.
AILA Report on Immigration Enforcement
AILA report, Immigration Enforcement Off Target: Minor Offenses With Major Consequences, examines the dangers of merging civil immigration enforcement with local criminal law enforcement and urges DHS to follow its priorities and to prevent abuses.
CA3 Says IJ Must Consider All Hashmi Factors before Denying Continuance
Where Petitioner had an approved visa petition, the court found that the BIA erred in denying his motion to reconsider the denial of a continuance request based primarily on lack of visa availability and timing considerations. (Simon v. Holder, 8/17/11)
New AILA Report Says DHS Immigration Enforcement is Far “Off Target”
AILA announces the release of Immigration Enforcement Off Target: Minor Offenses with Major Consequences, a report featuring 127 cases where DHS took enforcement action against harmless people who were picked up and referred by local police officers.
CA3 on Legitimation and Derivative Citizenship under Former INA §321(a)(3)
The court found that under Cape Verde law, Petitioner is legitimated regardless of the fact that his natural father took no formal steps to assert paternity and is therefore, not eligible for derivative citizenship. (Brandao v. Att’y Gen. of the U.S., 8/16/11)
White House Blog about Reform, Enforcement, and Removals under the Obama Administration
White House blog post on the Administration’s efforts to improve the immigration system, in the absence of reform legislation, by making enforcement smarter and more effective. The blog addresses Secure Communities and statistics on the removal of individuals from the U.S.
President Obama Grants DED Extension for Liberians
An 8/16/11 Presidential Memorandum granting an 18-month extension of Deferred Enforced Departure (DED) and authorizing employment for Liberian nationals who are currently in the U.S. under the existing grant of DED, through 3/31/13.
Former USCIS Supervisor Receives Five-Year Sentence for Fraud and Bribery Charges
ICE press release announcing that a former USCIS supervisor and his son were sentenced to 60 and 48 months in prison respectively, for conspiracy, bribery, and honest services wire fraud offenses. The former immigration services officer was also convicted of visa fraud.
CA8 Upholds Denial of Asylum for Venezuelan Woman
The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)
AILA/NIJC Brief Supports Rehearing in CA9 Case Interpreting Unlawful Presence
AILA brief of amici urging withdrawal of Carillo de Palacios, where the Ninth Circuit held that unlawful presence under §212(a)(9)(C)(i)(I) may accrue prior to IIRIRA’s 4/1/97 effective date, and supporting remand to the BIA or panel rehearing or rehearing en banc.
CA6 Says BIA Remand for Voluntary Departure Is a Final Order Subject to Review
The court held that the BIA’s remand to the IJ for the sole purpose of allowing Petitioners to apply for voluntary departure was an administratively final order of removal for purposes of INA §242, subject to the court’s review. (Giraldo v. Holder, 8/12/11)
CA9 Finds Jurisdiction; Says BIA Remand Is a Final Order
The court held that the BIA’s reversal of asylum and remand for voluntary departure proceedings was a final order and that neither Dada v. Mukasey, nor the 2009 voluntary departure regulations undermines the court’s jurisdiction. (Pinto v. Holder, 8/12/11)
AILA Joins Amici in Arguing Tax Offense Is Not an Aggravated Felony
AILA brief of amici urging the Ninth Circuit to find that the offense of making a false statement on a tax return in violation of 26 USC §7206 should not be interpreted as an aggravated felony under INA §101(a)(43)(M).
Federal Judge Clears Way for Lawsuit Challenging U.S. Government's Immigration Detainers
National Immigrant Justice Center press release announcing that a federal judge in Illinois ruled that a federal lawsuit can proceed which challenges the U.S. government’s use of immigration detainers, a key tool in the Secure Communities enforcement program.
CA9 Eliminates “Missing Element” Rule in Modified Categorical Approach
The en banc court overruled the court’s prior holding in Navarro-Lopez v. Gonzales, that the modified categorical approach does not apply when the crime of conviction is missing an element of the generic crime. (United States v. Aguila-Montes de Oca, 8/11/11)
CA1 Remands Albanian Asylum Claim to Reconsider Past Persecution
The court remanded the case for the BIA to reconsider evidence of the systematic and serious abuse of Petitioner’s children, which included two kidnappings, three beatings, and an aggravated rape as part of his claim of past persecution. (Precetaj v. Holder, 8/11/11)
BIA on Obligation of Immigration Officers to Advise on Right to Counsel
The BIA held that where an alien is arrested without a warrant, the obligation to advise of the right to counsel does not attach until proceedings are commenced and any statements made during interrogation may be used against him. Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011)
CA9 Interprets Reach of SAW Confidentiality Provision
The court held that the SAW confidentiality provision, INA §210(b)(6)(A), applies exclusively to the application and that there is no violation when the challenged information is obtained via questioning at an inspection checkpoint. (Soriano-Vino v. Holder, 8/10/11)
CA9 Overrules Matsuk; Finds Jurisdiction to Review Particularly Serious Crime Determination
The court found jurisdiction to review the decision that a conviction is a particularly serious crime and remanded to the BIA for a clear explanation of its finding that Petitioner’s DUI conviction barred him from relief. (Delgado v. Holder, 8/19/11)
AILA Files Amicus Brief in Case Involving the Application of §212(a)(9)(C) to Minors
AILA amicus brief urging the BIA to find that INA §212(a)(9)(C) does not apply to minors under the best reading of the statute because minors are treated differently than adults under the immigration laws and should not be held culpable in the same way as adults.
CA10 Says Colorado Felony Menacing Is an Aggravated Felony
The court held a conviction for felony menacing under Colo. Rev. Stat. §18-3-206(a) or (b) necessarily involves the threatened use of physical force and is therefore, an aggravated felony crime of violence under 18 USC §16(a). (Damaso-Mendoza v. Holder, 8/9/11)
CA5 on the Fugitive Disentitlement Doctrine
The court dismissed the petition, finding that that Petitioner became a fugitive when he did not surrender for removal despite the fact that his address was known to authorities and DHS made no attempt to locate or arrest him. (Bright v. Holder, 8/8/11)
CA10 Dismisses, Says Petitioner Failed to Raise Substantial Constitutional Issue
In a nonprecedential decision, the court held that Petitioner’s due process and equal protection arguments failed to demonstrate that he received a unfair hearing or was treated differently and that he failed to present a substantial constitutional issue. (Pizano-Zeferino v. Holder, 8/8/11)