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
ICE Responds to The Washington Post on ICE DRO Memo on Removal Goals
ICE Assistant Secretary John Morton responded to The Washington Post article from 3/27/10 citing an ICE memo. Morton states that the memo, dated 2/22/10 from ICE DRO Director James M. Chaparro, was sent without his authorization and has been withdrawn and corrected.
ICE Memorandum on Clarification of February 22, 2010 Memo on Removal Goals
ICE DRO Director James Chaparro issued a memorandum to clarify the February 22, 2010 memo to ensure that it “signals no shift” in ICE prioritizing “dangerous criminal aliens who present the greatest risk to the security of our communities.”
BIA on Forced Sterilization and DOS Country Reports
The BIA held that the evidence, considered in light of DOS country reports, failed to establish reasonable possibility that either respondent would be subject to forced sterilization for having two U.S.-born children. Matter of H-L-H & Z-Y-Z, 25 I&N 209 (BIA 2010)
AILA/ICE Liaison Meeting Minutes (3/25/10)
Minutes from the AILA/ICE Liaison Committee meeting on 3/25/10, address: reporting requirements, right to counsel, alternatives to detention, medical treatment, detention facilities, and more.
CA8 Finds Jurisdiction to Review Continuance Denial Based on Kucana Decision
CA8 denied petition and held that since Supreme Court's Kucana decision effectively overruled CA8 decision in Onyinkwa, the court has jurisdiction to review the IJ's denial of the continuance. (Thimran v. Holder, 3/25/10)
BIA Round Up: Looking Ahead, Cases to Watch
AILA Amicus Committee alert with a summary of upcoming cases at the BIA.
AILA/EOIR Liaison Meeting Minutes (3/24/10)
The AILA EOIR Liaison 3/24/10 meeting minutes address pro bono issues, Immigration Court policies and procedures, MTRs, emergency stays of deportation/removal, the BIA, technology issues, attorney sanction questions, and more.
Southern District of Iowa Court Rules on the Defendants’ Motions in Visa and Mail Fraud Case
The Court ruled to grant in part and deny in part both Defendants’ Motion to Dismiss and Motion to Suppress. Also suppressed are fruits derived from Government’s search of Defendants’ data images. (United States v. Vision Systems Group, Inc., 3/24/10)
CA8 Remands, Finding BIA Interpretation of Motion to Remand Distorted Aspect of Claim
CA8 remanded, holding that to the extent that BIA interpreted the motion to remand as an attempt to have the IJ decide her adjustment of status application, BIA's analysis distorted petitioner's request for a continuance for USCIS to consider her widow petition. (Clifton v. Holder, 3/23/10)
AILA Submits Amicus Brief in BIA Matter of C-T-L Case
AILA submitted an amicus brief in the BIA asylum case Matter of C-T-L. AILA concludes that the requirement that an enumerated ground is "at least one central reason" for the fear of persecution applies to withholding of removal claims.
ICE Opens Facility at Arizona Airport for Detainees Awaiting Removal
ICE announced the opening of the Arizona Removal Operations Coordination Center (AROCC) at Phoenix-Mesa Gateway Airport, which will house 79 ICE employees and up to 157 detainees who are awaiting removal to countries such as Guatemala, El Salvador and Honduras.
Testimony of Assistant Secretary John Morton on ICE FY2011 Budget Request
On 03/18/10, ICE Assistant Secretary of Homeland Security, John Morton testified before the Senate Appropriations Committee on the ICE FY2011 Budget request. ICE’s proposed FY2011 budget is $5.8 billion, a 2% increase over the FY2010 budget.
President Obama Extends Grant of Deferred Enforced Departure for Liberians
The White House issued a memorandum for the Secretary of Homeland Security stating that the President extended the grant of Deferred Enforced Departure (DED) for Liberians through September 30, 2011.
TRAC Issues Report on Criminal Immigration Prosecutions
The Transactional Records Access Clearinghouse (TRAC) issued a report on trends in criminal immigration prosecutions. The report finds that the rate of reported prosecutions during the first three months of FY2010 decreased by 8.8% compared to 2009 quarterly figures.
Matter of Saysana Revisited: AILA Amicus Committee Files Brief to BIA
AILA Amicus Committee alert that it has filed an amicus brief in Mr. Garcia Arreola’s case, asking the BIA to follow the plain language of the law and not Matter of Saysana when determining mandatory detention.
BIA Finds Conviction for Infliction of Corporal Injury on Spouse is “Crime of Violence”
The BIA held that a misdemeanor conviction for willful infliction of corporal injury on a spouse under California law qualifies categorically as a conviction for a “crime of violence” under 18 U.S.C. § 16(a) (2006). Matter of Perez Ramirez, 25 I&N Dec. 203 (BIA 2010)
AILA-ICE Worksite Enforcement Meeting Summary & I-9 Worksite Enforcement Practice Tips
On February 23, 2010, the ICE subcommittee of the Verification and Documentation Committee met with the Enforcement Law Division of the ICE Office of the Principal Legal Advisor (OPLA) and with the Worksite Division of ICE’s Office of Investigations.
AILA Submits Amicus Brief on Mandatory Detention with BIA
On 03/16/10, AILA submitted an amicus brief with the BIA in the Matter of Garcia Arreola, asking the Board to overturn Matter of Saysana and narrow the applicability of the mandatory detention statute, INA §236(c).
ICE Releases List of Detainee Deaths from October 2003 – March 2010
ICE released on its FOIA Reading Room a list of detainees who died in ICE custody from October 2003 – March 2010.
CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (Juarez v. Holder, 3/12/10)
CA9 Grants Petition in Part for Remand on Issue of Religious Persecution
CA9 granted petition in part, finding that the court was required to remand to the BIA to address the questions of whether petitioner would be in danger of persecution on account of his religion or would be entitled to other relief. (Tijani v. Holder, 3/11/10)
EOIR Fact Sheet on Immigration Judge Hiring Initiative
EOIR issued a fact sheet on the immigration judge hiring initiative to fill vacant positions.
AILA Submits Amicus Brief in 9th Circuit U.S.A. v. Aguila-Montes de Oca Case
AILA submitted an amicus brief in the 9th Cir. rehearing of U.S.A. v. Aguila-Montes de Oca, requesting the Court to restore the panel decision or affirm it with clarification that second-stage categorical analysis only applies in the context of divisible statutes.
CA11 Determines Approved I-140 Did Not Make Petitioner Lawful Resident under § 212(h)
CA11 denied petition finding petitioner statutorily eligible for a § 212(h) waiver of inadmissibility because his approved I-140 visa petition did not make him a lawful resident under § 212(h). (Vila v. U.S. Attorney General, 3/10/10)
ICE Removals and Returns by Country as of February 22, 2010
ICE released on its FOIA Electronic Reading Room a spreadsheet of removals and returns by country as of 2/22/10.