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
Practice Alert: BICE Obtains Jurisdiction of Deferred Action
DHS representatives, speaking at the AILA annual conference, indicated that BICE now has sole jurisdiction over deferred action, including related EADs. This policy applies to VAWA-related deferred action as well.
BICE Cooperates with Nigerian Government to Remove 89 Nigerian Nationals to Lagos
BICE and the government of Nigeria cooperated in the removal of 89 Nigerians to Lagos this week. The U.S. government has recently worked with the governments of Pakistan, Cambodia, El Salvador, Guyana, Haiti, Jamaica, and the Philippines in similar removal missions.
BIA Holds Quashed Drug Conviction Still Valid for Immigration Purposes
The BIA held that a drug conviction that was quashed by a Canadian court solely for immigration purposes was not based on a defect in the conviction or in the underlying proceedings and was therefore, still valid for immigration purposes. (Matter of Pickering, 6/11/03)
AILA Comments on Inspector General’s Report Detailing Post 9/11 Detention Practices
AILA issued a press release commenting on an oversight report by the Justice Department’s Inspector General that detailed the Department’s post-9/11 detention practices.
AILA Renews Call for an Independent Immigration Court
AILA issued a press release on 5/27/03, renewing its call for an independent immigration court in the wake of a May 21 district court decision denying an APA challenge to the BIA “reform” regulations.
BCIS Memo Summarizes Interim Final Rule on 212(h) Waivers
A 5/27/03 memo from William Yates, BCIS Acting Director of Operations, outlining the standards for adjudicating waivers of the criminal grounds of inadmissibility for immigrants under INA §212(h), as amended by a 12/26/02 interim final rule.
Justice Department Press Release on District Court Decision in the BIA Reform Case
The Justice Department’s press release reports on the District Court decision rejecting APA challenges to the regulations revising the structure and procedures at the BIA.
BIA Finds Past Persecution Based on Forced Sterilization
The BIA held that neither the passage of time since the sterilization of respondent’s wife, nor the lack of enforcement of coercive family planning, is a “fundamental change” in respondent’s personal circumstances to deny asylum under 8 CFR §1208.13(b)(1)(ii). (Matter of Y-T-L-, 5/22/03)
BICE Detention and Removal Memorandum to the Field on Implementation of DeMore v. Kim
A 5/15/03 memo from Anthony Tangeman, BICE Director, stating that BICE will send call-in letters to all individuals previously released and subject to DeMore v. Kim. Failure to appear will result in bond revocation and absconder treatment.
BIA Says Petty Offense Does Not Bar Cancellation of Removal
The BIA held respondent, who was convicted of a CIMT that qualifies as a petty offense, was not rendered ineligible for cancellation of removal under INA §240A(b)(1) by either his conviction or his commission of another offense that is not a CIMT. (Matter of Garcia-Hernandez, 5/8/03)
EOIR FY2002 Statistical Year Book
The EOIR has just released its FY2002 Statistical Year Book, containing useful data and charts on, among other things, proceedings received and completed by type, disposition, and nationality, for both the immigration courts and the BIA.
Justices Affirm Habeas Jurisdiction under §236, but Uphold Detention of Criminal LPRs
The Court overturned the Ninth Circuit and held that criminal LPRs can be detained pursuant to INA §236(c) without individual bond hearing. A different majority, however, held that §236(e) does not preclude habeas review of challenges to detention under §236(c). (Demore v. Kim, 4/29/03)
Several BIA Members to Begin New Assignments
AILA has learned that the 5 BIA Members who have been asked to find other placements will soon transition to their new positions. The judges in question are Paul Schmidt, Gus Villageliu, Cecelia Espenoza, John Guendelsberger and Noel Brennan.
AILA Condemns AG’s Decision that Purports to Alter the Standards for Bond
AILA press release condemning a precedent decision holding that in bond proceedings involving undocumented aliens, where the government offers evidence that such release would serve to stimulate mass migration and threaten national security, IJs and the BIA must consider such interests.
AG on Evidence in Bond Proceedings
The Attorney General held that in bond proceedings, the IJ and the BIA must consider evidence from Executive sources that the alien's release would serve to stimulate mass migration and threaten national security. (Matter of D-J-, 4/17/03)
EOIR Corrects Class Action Judgment Notice in Barahona-Gomez v. Ashcroft
Correction to EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, which challenged prohibitions on granting suspension of deportation after 2/13/97 because of the agency interpretation of the 4,000 cap. (68 FR 18332, 4/15/03)
EOIR Responses to AILA's Liaison Questions (3/27/03)
Liaison issues addressed with EOIR included such topics as BIA reorganization, IJ case completion goals, asylum clock, records for appeal, mailing of decisions to the wrong address, briefing schedule, and Special Registration.
DOJ Exempts FBI’s National Crime Database from Privacy Act’s Accuracy Requirements
DOJ final rule exempts FBI’s National Crime Information Center database from the Privacy Act, thus FBI need no longer ensure the accuracy and timeliness of incriminating information about a particular individual. (68 FR 14140, 3/24/03)
EOIR Advisory Statement on Barahona-Gomez Settlement
EOIR advisory discussing the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap.
EOIR Issues Notice of Class Action Judgment in Barahona-Gomez v. Ashcroft
EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap. (68 FR 13727, 3/20/03)
BICE Begins Seeking Out, Apprehending Certain Iraqi Nationals in the U.S.
The Bureau of Immigration and Customs Enforcement (BICE), on 3/20/03, began seeking out and apprehending specific Iraqi nationals unlawfully present in the U.S. The initiative is part of the recently announced “Operation Liberty Shield.”
AILA Issue Paper on IIRAIRA and Due Process
AILA Issue Paper on AILA support for legislative initiatives designed to correct the injustices resulting from IIRAIRA and to restore due process and fairness for legal permanent residents.
DHS Announces Removal of 103 Pakistanis
The Bureau of Immigration and Customs Enforcement press release announcing that, in cooperation with the government of Pakistan, 103 Pakistanis were removed to Islamabad, for a total of 500 removals to Pakistan in the past year.
EOIR’s New Legal Orientation Program Aims to Aid Detainees
An EOIR News Release announces the agency’s new Legal Orientation Program, in which private nonprofit agencies provide individuals detained by the DHS information about court procedures and available options for relief prior to their first court appearance.
VSC's Written Answers to AILA's Liaison Questions (3/4/03) AMENDED 7/10/03
Topics addressed include applications for NSEERS registrants, public information telephone system, backlogs, concurrent L-1 employment, premium processing, expedites, ability to pay the offered wage, and religious workers.