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 Submit Amicus Brief Urging CA11 En Banc Review on Child Endangerment
AILA submitted an amicus brief in Bastias v. U.S. Attorney General urging CA11 to consider whether child endangerment is a crime of "child abuse, child neglect, or child abandonment" within the meaning of INA 237(a)(2)(E) and urged the court to grant the petition for review.
Department of the Treasury Notice on Interest Rate for Immigration Bonds
Department of the Treasury notice that for the period beginning 10/1/22 and ending 12/31/22, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 2.74 per centum per annum. (87 FR 61147, 10/7/22)
Featured Issue: Migrant Protection Protocols (MPP)
Follow this page for more updates on the Migrant Protection Protocols (MPP). AILA will update this page on the winddown as they become available.
AILA President Responds to Fifth Circuit Court of Appeals Remand of DACA Litigation
AILA President Jeremy McKinney reviewed the Fifth Circuit Court of Appeals remand of the State of Texas v. USA litigation and noted, “Congress must act immediately … Protecting Dreamers permanently is right, true to America's values, and ultimately benefits all of us."
White House Issues Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana
President Biden issued a proclamation granting a pardon to current U.S. citizens and lawful permanent residents who committed the offense of simple possession of marijuana.
CA5 Affirms District Court’s Ruling That DACA Is Unlawful and Remands for Review of New DHS Final Rule
The court affirmed the district court’s ruling that vacated the 2012 Deferred Action for Childhood Arrivals (DACA) memorandum and the DACA program, and remanded to the district court for review of the August 30, 2022, DHS final rule on DACA. (Texas, et al. v. United States, et al., 10/5/22)
AILA Joins Legal Service & Mental Health Providers in Letter to Administration Expressing Grave Concerns over the “Dedicated Docket”
AILA joined legal service providers, mental health providers, and advocacy organizations in sending a letter to the Administration detailing the due process and fairness concerns with the Dedicated Docket, along with recommendations on how to address these concerns.
CA1 Dismisses Petition for Review Where Petitioner Failed to Exhaust Issue on Which His Challenge Depended
The court dismissed petitioner’s challenge to the BIA’s denial of his withholding of removal application, finding that petitioner had not challenged the basis of the IJ’s denial when he appealed that ruling to the BIA, and thus that the issue was unexhausted. (Cante-Lopez v. Garland, 10/5/22)
CA5 Upholds Denial of Asylum Where IJ Found Salvadoran Petitioner Made Inconsistent Statements Regarding Her Abuse
The court upheld BIA’s affirmance of the IJ’s adverse credibility finding, which was based on the IJ’s finding that petitioner’s account of the severity and frequency of her abuse had changed between her credible fear interview and her hearing testimony. (Cordero-Chavez v. Garland, 10/4/22)
CA1 Upholds Denial of Cancellation to Petitioner Removed to Haiti Under INA §237(a)(2)(C) Based on Firearm Conviction
The court upheld the BIA’s affirmance of the denial of cancellation of removal to petitioner, finding that substantial evidence supported the BIA’s determination that he had not shown prejudice, and concluding that BIA had committed no errors of law in its ruling. (Dorce v. Garland, 10/3/22)
AILA Submits Amicus Brief Urging CA9 Petition Rehearing and Rehearing En Banc in Rivera Vega
AILA submitted an amicus brief in support of the petitioner’s request for panel rehearing and rehearing en banc of Rivera Vega v. Garland, arguing that the panel’s summary Patel ruling is incorrect and would thrust the Ninth Circuit into a circuit split.
CA5 Concludes That Cancellation of Removal Is Not Available to Noncitizens Subject to Reinstatement Orders Under INA §241(a)(5)
The court held that BIA correctly determined petitioner was ineligible for cancellation of removal, reasoning that because she never challenged the order reinstating her removal, the reinstatement statute prevented her from obtaining any immigration relief. (Ruiz-Perez v. Garland, 9/30/22)
EOIR Records Released in Response to American Oversight Request on Returned Notice Docket
Records from EOIR were released in response to America Oversight’s FOIA request on the issue or practice of creating immigration court dockets based upon returned or undeliverable notices or other mail.
Members of Congress Send Letter to DHS Urging Quick Disenrollment of People from MPP
Members of Congress led by Representative Meeks sent a letter to DHS requesting it to quickly disenroll the remaining individuals from MPP and allow all eligible asylum seekers to return immediately to continue their court proceedings in the United States.
DHS CRCL Issues Recommendations on Implementation of ICE’s Segregation Oversight Program
DHS's CRCL issued a memo stating that it believed that ICE must more clearly define the policies and guidelines regarding the use of segregation in order to qualitatively differentiate ICE segregation from what is commonly understood as solitary confinement.
DHS Releases Statement on Importance of Seeking Safety and Support Regardless of Immigration Status
DHS announced that to the fullest extent possible, ICE and CBP will not conduct immigration enforcement activities at sites that are providing emergency response and relief for those affected by Hurricane Ian.
CA9 Holds It May Review Question of Law or Mixed Question of Law and Fact in Challenge to Cancellation Denial Based on Lack of Hardship
The court held that INA §242(a)(2)(D) grants it jurisdiction to review a question of law or a mixed question of law and fact presented in a challenge to an agency denial of cancellation of removal for failure to establish the requisite hardship. (De La Rosa-Rodriguez v. Garland, 9/27/22)
ICE 30-Day Notice and Request for Comments on Proposed Revisions to Form I-352
ICE 30-day notice and request for comments on proposed revisions to Form I-352, Immigration Bond. Comments are due 10/27/22. (87 FR 58515, 9/27/22)
EOIR Updates FOIA Request Process
EOIR announced that FOIA requestors are strongly encouraged to submit FOIA and Privacy Act (PA) requests through EOIR’s Public Access Link. Effective December 1, 2022, EOIR will no longer accept FOIA or PA requests by email.
CA9 Holds That California’s Ban on Privately Run Immigration Detention Facilities Is Unconstitutional
The en banc court vacated the district court’s denial of preliminary injunctive relief, holding that California Assembly Bill (AB) 32 would violate the Constitution by giving California a virtual power of review over ICE’s detention decisions. (The Geo Group, Inc. v. Newsom, et al., 9/26/22)
CA9 Finds BIA Legally Erred in Denying Sua Sponte Reopening to Petitioner
The court held that the vacatur of a conviction underlying a removal order does not excuse a late motion to reopen and thus that the petitioner’s motion to reopen was untimely, but found that the BIA erred as a matter of law in denying sua sponte reopening. (Lara-Garcia v. Garland, 9/26/22)
CA9 Holds That BIA Erred by Failing to Assess Salvadoran Petitioner’s Aggregate Risk of Torture
The court held that the BIA erred by failing to adequately consider the petitioner’s aggregate risk of torture from multiple sources, and found that the BIA also erred in rejecting the petitioner’s expert testimony. (Velasquez-Samayoa v. Garland, 6/24/22, amended 9/23/22)
How to Apply for the 212(d)(3) Waiver to the Consulate
This video will demonstrate how to prepare a 212(d)(3) waiver, and how it is submitted to the US Consulate.
Speaker: Camiel Becker
How to Change Venue for a Removal Defense Case
Pleadings requirements, acknowledging service of NTA, and stating relief. How to serve DHS, including the change of address form.
Speaker: Flomy Javier Diza
How to Interview a Client for an Asylum Declaration in a Removal Defense Case
In a removal case, what are the best practices for interviewing a client for an asylum declaration?
Speaker: Evangeline Abriel