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
CA3 Finds BIA Ignored Many Atrocities in Asylum Case
The court remanded finding that the BIA failed to consider many atrocities to which petitioner was subjected, testimony that she will be killed if she is returned to Liberia, and documentary evidence. (Sheriff v. Att'y Gen. of the U.S., 11/24/09)
CA6 Denies Petition for Rehearing in Persecutor Bar to Asylum Case
CA6 panel denied petition for rehearing in case on the persecutor bar to asylum with Judge Martin dissenting. AILA filed an amicus brief urging the court to rehear the case and modify the persecutor bar section to reflect new case law (Parlak v. Holder, 11/24/09).
CA4 Finds Petitioner Established Past Persecution in the Form of FGM
CA4 held that BIA’s denial of petitioner’s asylum application on the basis of an adverse credibility finding was not supported by substantial evidence, and that petitioner established past persecution in the form of female genital mutilation (Kourouma v. Holder, 11/24/09).
VSC Helpful Filing Tips
The Vermont Service Center (VSC) offers a number of filing tips for preparing applications and petitions to the VSC. These tips were prepared by VSC's Adjudications Branch. AILA's VSC Liaison committee will offer comments on specific sections of this document throughout the coming weeks.
BIA Finds Voluntary Departure Regulations Do Not Apply Retroactively
BIA found that the voluntary departure regulations which took effect on 1/20/09, and superseded Matter of Diaz-Ruacho, do not apply retroactively. Matter of Velasco, 25 I&N Dec. 143 (BIA 2009)
CA10 Finds BIA’s Reasonable Construction of 8 U.S.C. §1231 Entitled to Deference
The court upheld the IJ’s denial of withholding of removal because of N-A-M’s conviction for felony menacing, a “particularly serious crime.” The court found BIA’s reasonable construction of §1231 entitled to the court’s deference. (N-A-M v. Holder, 11/20/09)
ICE Memorandum on Reporting and Investigating Claims to United States Citizenship
This 11/19/09 ICE memo from John Morton, Assistant Secretary, provides guidance to ensure claims to U.S. citizenship receive immediate and careful investigation and analysis. This guidance supersedes previous guidance from 11/06/08.
ICE Announces 1,000 New Workplace Audits
On 11/19/09, ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
AILA Liaison/TSC Meeting Minutes (11/17/09)
The meeting minutes from November 17, 2009, address the workload at TSC, processing times, EB-1 adjudications, denials without RFEs, derivative applications and children turning 14, case transfers for interviews, interfiling G-28s, 245(i) receipt notices for EOIR cases, and more.
ICE Releases 2006 Annual Detention Center Reviews
ICE released redacted annual detention center reviews completed during 2006 on the ICE FOIA Reading Room. The reviews used the G-324A, Detention Facility Review Form, and the G-324A Worksheet.
ICE Releases 2009 Detention Center Compliance Standards Reviews
ICE released redacted Detention Standard Reviews completed during 2009 on the ICE FOIA Reading Room. The scheduled reviews are used to determine general compliance with established ICE National Detention Standards for facilities used for over 72 hours.
BIA on Burden of Proof for Releasing Individual on Bond
The BIA remanded the record for the IJ to clarify whether the alien met his burden of proving his release on bond would not pose a danger to property or persons. Matter of Urena, 25 I&N 140 (BIA 2009)
Death Number 105: Pedro Juan Tavarez
Now that health care legislation has passed the House of Representatives, all eyes are on the Senate. Will the U.S. Congress send President Obama a heath care bill he can sign? Stay tuned. But while Congress considers health care reform, including whether or not to include a “public option“, t
DHS Announcement on First Year of Secure Communities Initiative and Expansion
DHS Secretary Napolitano and ICE Assistant Secretary Morton announced that ICE's Secure Communities initiative will have a presence in every state by 2011 and be available to every US law enforcement agency by 2013. DHS announced the program identified over 111,000 criminal aliens in local custody.
BIA on Determining Good Cause for a Continuance for Adjustment
The BIA held that in determining if good cause for a continuance exists to await adjudication of an I-140 or labor certification, IJ should determine place in the process and consider Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009)
AIC/AILA Recommendations for Protecting the Right to Effective Assistance of Counsel
The American Immigration Council (AIC) and AILA letter to EOIR recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing.
DHS OIG Report on ICE Detainee Transfers
DHS OIG issued a report on ICE detainee transfer policies and procedures and recommends a national standard for reviewing each detainee’s administrative file prior to a transfer determination and that ICE develop protocols with EOIR court administrators for exchanging hearing and transfer schedules.
Attorneys’ Perspectives on the Rights of Detained Immigrants
This study on sampled attorneys who represent detained immigrants and public defenders who are appointed to represent detained immigrants for criminal violations. The study collected reports of violations of clients’ rights and includes results on barriers to representation and medical care.
ICE Fact Sheet on Alternatives to Detention for ICE Detainees
On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM).
AILA/NBC Liaison Meeting Minutes (11/05/09)
On 11/05/09, AILA’s NBC Liaison Committee met with the National Benefits Center and addressed the following issues: EAD’s while in proceedings, I-90s, service error Motions to Reopen, and more.
ICE Secure Communities MOA with the State Identification Bureau Template
ICE template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability.
2009 ICE Secure Communities Standard Operating Procedures
ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room, detailing processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.
An Open Letter To ICE Assistant Secretary John Morton
Dear Assistant Secretary Morton: Your assumption of the reins at U.S. Immigration and Customs Enforcement earlier this year has brought optimism. You seem to bring a much needed fresh perspective to the enforcement arm of the Department of Homeland Security.In particular your observation that since
BIA on Waiver Eligibility for Drug Paraphernalia Offense
The BIA held that an alien who is inadmissible based on a drug paraphernalia offense may qualify for a waiver of inadmissibility if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009)
Report on NYC Pro Bono Project at Varick Federal Detention Center
The City Bar Justice Center issued a report on the NYC Know Your Rights Project, a collaboration of the Center, the Legal Aid Society, and the AILA NYC Chapter, where pro bono attorneys provide counseling to detainees at a weekly clinic at the Varick Federal Detention Center.