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 Announces It Will Enforce Laws That Impose Penalties on Undocumented Immigrants
DHS announced that it will use multiple tools to track undocumented immigrants and may impose criminal penalties for certain noncitizens who willfully fail to depart the United States, fail to register with the government and be fingerprinted, or fail to apprise the government of address changes.
USCIS Provides Update on Alien Registration Requirement
USCIS provided information on the “Alien Registration Requirement” under INA §262, stating that USCIS is establishing a new form and process by which undocumented immigrants may register. The notice includes details on who has already registered, who must apply for registration, and how to register.
Practice Pointer: Escalating Issues with ICE ERO & OPLA
It is important to know how to effectively escalate concerns while maintaining professionalism and advocating for your client’s interests. AILA’s National ICE Committee provides the following practice pointers.
AILA Urges VOTE NO on Preventing Violence Against Women by Illegal Aliens Act
AILA urges members of Congress to vote NO on “Preventing Violence Against Women by Illegal Aliens Act.” The bill would render noncitizens who have committed certain domestic violence crimes including stalking, child abuse, and child neglect inadmissible and deportable under federal immigration law.
CA8 Upholds Denial of Untimely Motion to Reopen Where Petitioner Received Valid Notices of Hearing
The court held that the petitioner could not demonstrate lack of notice because he had received two valid Notices of Hearing, and thus the BIA did not abuse its discretion when it declined to reopen its removal order and toll the deadline for lack of diligence. (Manyary v. Bondi, 2/21/25)
DHS Secretary Deputizes Certain DOS Officials as Immigration Officers
DHS announced in a statement that, on 2/18/25, DHS Secretary Kristi Noem signed a memorandum deputizing up to 600 special agents within the State Department’s Diplomatic Security Service across the United States to assist with arresting and deporting undocumented immigrants.
EOIR Issues Policy Memo on Access EOIR Initiative
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-22 on re-establishing “appropriate, ethical, and lawful boundaries” for the Access EOIR Initiative.
Practice Tips on How to Prepare Noncitizens for Possible Detention
AILA’s ICE National Committee provides the following suggestions for how to help noncitizens create a plan of action, in the event of a possible detention.
CA4 Holds That Salvadoran Asylum Seeker Failed to Meet “Unable or Unwilling” Government Control Requirement
Upholding the BIA’s denial of the petitioner’s motion to reconsider his asylum application, the court held that circuit precedent requires an applicant to show the home government’s inability or unwillingness to control a non-state persecutor. (Molina-Diaz v. Bondi, 2/19/25)
ICE Issues Guidance on Use of Body Worn Cameras
On 2/19/25, ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 19010.3) to establish policy for the use of Body Worn Cameras (BWCs) by ICE Law Enforcement Officers and Agents (LEOs).
DHS Provides Fact Sheet on Immigration Services Program
DHS provided a fact sheet on the Science and Technology Directorate’s Immigration Services Program, which will support DHS in matters related to immigration custody, case processing, and removal operations, as well as seek to prevent immigration fraud, improve data management, and more.
ICE Issues Guidance on Stays of Removal and Private Immigration Bills
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 5004.3) with guidance on stays of removal and private immigration bills. The guidance is effective immediately and remains in effect until superseded.
DHS Announces Ad Campaign Encouraging Self-Deportation and Discouraging Undocumented Migration
DHS Secretary Kristi Noem announced a domestic and international multimillion-dollar advertising campaign encouraging self-deportation and discouraging potential undocumented immigrants from coming to the United States.
Expedited Removal: Key Updates, Who Is Impacted, and How to Fight Back
This resource will provide updates and guidance on the new expansion of expedited removal.
EOIR Rescinds Memo on Revised Case Flow Processing Before the Immigration Courts
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-21 rescinding and canceling the 12/16/21 Director’s Memorandum (DM) 22-04, which set a default filing deadline in non-detained cases of 15 days before individual calendar hearings.
CA8 Upholds Asylum Denial Where Algerian Petitioners’ Son with Disability Was Denied Medical Care
The court held that substantial evidence supported the BIA’s conclusion that the lack of medical treatment received by petitioners’ son with spina bifida arose from motives unrelated to persecution by the Algerian government, and thus upheld the denial of asylum. (Ferchichi v. Bondi, 2/14/25)
Practice Alert: New EOIR Policy Memoranda
Since January 20, 2025, EOIR has released various Policy Memoranda (PM). A list of the memoranda is published on the EOIR website. This practice alert is meant to give practitioners a sense of the content of each memo as well as the relevant link for further reading.
CA9 Holds That Petitioner’s Conviction for First-Degree Criminal Mistreatment in Oregon Was a CIMT
The court held that the petitioner’s conviction for first-degree criminal mistreatment in Oregon was a crime involving moral turpitude (CIMT), and that the petitioner was ineligible for cancellation of removal under INA §240A(a). (Murillo-Chavez v. Bondi, 2/13/25)
District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE
The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)
AILA Urges Members of Congress to Reject Agent Raul Gonzalez Officer Safety Act (H.R. 35)
AILA urges members of Congress to reject HR 35, and instead to enact solutions that ensure a more orderly, effective and fair immigration system.
CA1 Upholds Asylum Denial After Finding Petitioner’s Ex-Partner Was Motivated to Harm Her Based on Personal Issues
The court upheld the BIA’s conclusion that petitioner, whose particular social group (PSG) consisted of “Brazilian women who are victims of domestic violence,” did not show the requisite nexus between her proffered social group and any past or future harm. (Sanches Alves v. Bondi, 2/12/25)
CA9 Holds That BIA Erred in Finding Romanian Petitioners’ Harm Did Not Cumulatively Rise to Level of Past Persecution
The court found that the record compelled the conclusion that the petitioners’ past experiences collectively rose to the level of persecution, and that the BIA erred when it determined that the Roma ethnicity is not a disfavored group in Romania. (Lapadat v. Bondi, 2/12/25)
CA5 Finds It Lacked Jurisdiction to Review BIA’s Continuance Determination as to Cameroonian Petitioner
The court held that it lacked jurisdiction to review the BIA’s affirmance of the IJ’s denial of the petitioner’s motion to continue his removal proceedings based on his daughter’s then-pending I-130 petition, and upheld the BIA’s denial of his motion to remand. (Ikome v. Bondi, 2/12/25)
CA1 Finds BIA Did Not Depart from Its Settled Course of Adjudication in Denying Sua Sponte Reopening
The court rejected petitioner’s argument that BIA, in denying his motion to reopen, departed from its settled practice of granting sua sponte reopening whenever a conviction rendering a noncitizen removable is vacated due to a defect in the criminal proceedings. (Phimmady v. Bondi, 2/10/25)
CA9 Declines Government’s Request to Amend Case Caption Based on Rule 15(a)(2)(A)
The court held that Federal Rule of Appellate Procedure 15(a)(2)(A)’s naming requirement is satisfied when a petitioner’s “A” number from the agency proceeding below appears in the caption or body of a petition for review. (Perez-Perez v. Bondi, 2/10/25)