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 Backgrounder on the Draft “PATRIOT Act II”
AILA Backgrounder on leaked draft of the “Domestic Security Enhancement Act of 2003” (aka PATRIOT Act II), legislation that would diminish the already compromised due process of lawful permanent residents and other noncitizens under the pretext of fighting terrorism and enhancing homeland security.
DOJ Finds Exceptions to 90-Day Removal Period and No Reasonable Dispatch Required
In a 2/20/03 opinion, DOJ concluded that the AG has no obligation to "act with reasonable dispatch" to effectuate removal within 90-day period and that certain grounds, such as investigating terrorist connections, support detention without removal beyond the 90-day period. Courtesy of Dan Kowalski.
Office-by-Office Summary of How INS Is Handling Call-In Special Registration (Updated 02/20/03)
Summary of the handling of NSEERS call-in registrations by various INS offices. Alphabetical by name of city.
Justice Department Drafts Expanded PATRIOT Act
Recently leaked draft legislation from the Justice Department would expand the USA PATRIOT Act and would grant government authorities unprecedented powers.
BIA Upholds Right To Effective Assistance Counsel in Removal Proceedings
The BIA upheld Matter of Lozada and adopted AILF's argument that the BIA must follow the courts of appeal, which have uniformly recognized a due process right to effective assistance of counsel. (Matter of Assaad, 2/12/03)
INS Final Rule Barring Release of Detainee Information
INS has adopted as final, without change, an interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. (68 FR 4364, 1/29/02)
Summary of Field Guidance on Special Registration Issued (Updated 1/13/03)
Summary of field guidance that INS has issued to district offices on the conduct of call-in NSEERS, including instructions that persons with pending applications that would result in a legal status should not be referred to Investigations. The memo itself is unavailable.
Man Loses Bid to Remain in the U.S. After Committing Bigamy to Acquire LPR Status
The BIA held that an alien who acquires LPR status through fraud or misrepresentation has never been “lawfully admitted for permanent residence” and is ineligible for cancellation of removal. (Matter of Koloamatangi, 1/8/03)
INS Guidance on Security Checks and Prosecutorial Discretion for NSEERS Registrants
A 1/8/03 memo from Johnny Williams, Executive Associate Commissioner (INS), providing guidance on exercising prosecutorial discretion and issuing NTAs to call-in special registrants, and on conducting security checks.
DOS Cable on Application of Lujan-Armendariz to Applicants Who Enter at 9th Circuit POE
A 12/30/02 DOS cable stating that Lujan-Armendariz should apply to expunged first-time simple drug possession conviction, if the applicant intends to enter the U.S. at a port of entry within the 9th circuit.
INS Interim Regulation Precludes 212(h) Waivers for Most "Violent" Crimes
INS interim rule precluding 212(h) waivers where the application "involves a violent or dangerous crime", except in extraordinary circumstances. Comments due 1/27/03. Rule was originally proposed as part of the Indochinese Adjustment regulations. (67 FR 78675, 12/26/02)
BIA on NTA Service by Certified Mail
The BIA held that service of an NTA and hearing notice by certified mail was proper, even though it was returned and marked “unclaimed.” (Matter of M-D-, 12/18/02)
EOIR OPPM 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions
EOIR issues Operating Policies and Procedure Memorandum (OPPM) 02-05: Excused Absence/Administrative Leave for Attendance at Conferences and Conventions, which establishes the policy for approval and use of excused absence/administrative leave by EOIR personnel to attend conferences and conventions.
Copy of TRO Halting Deportations to Somalia
U.S. District Judge granted a motion for a temporary restraining order enjoining the INS from removing Somali nationals back to Somalia. Oral argument in the case is scheduled for 1/14/03. (Ali v. Ashcroft, 12/10/02)
BIA Finds Service of NTA to Minor's Uncle was Improper
The BIA held that removal proceedings against a 7-year-old were properly terminated because the NTA was served only on the child’s uncle and no effort was made to serve the notice on the child’s parents in the U.S. (Matter of Andino, 12/4/02)
BIA Vacates Grant of Relief to 12-Year-Old
The BIA held that the INS met its burden of establishing the minor respondent’s removability and that she was properly notified of her hearing by mailing the NTA to the last address provided by her parent, with whom she was residing. (Matter of Gomez-Gomez, BIA 12/4/02)
DOJ’s Statement on Rabih Haddad Asylum Decision
Justice Department statement on the 11/22/02 immigration judge decision denying Rabih Haddad’s application for asylum and withholding of removal.
Minutes from Texas Bar Committee Meeting with AILA (11/22/02)
The 11/22/02 minutes of the meeting of the Texas Bar Committee on Laws Relating to Immigration & Nationality and update information on developments at the U.S. consulate in Juarez, Mexico. Also included is a report on Pro Bono Asylum Representation.
INS Notice Expanding the Expedited Removal Program
INS notice expanding the expedited removal program to cover aliens who arrive in the U.S. by sea and who are not admitted or paroled. The notice takes effect immediately. (67 FR 68923, 11/13/02)
INS Notice Expanding Expedited Removal to Cover Aliens Arriving by Sea
INS has designated a new class of aliens subject to expedited removal - certain aliens who arrive in the U.S. by sea, either by boat or other means, who are not admitted or paroled,” will be subject to expedited removal and will be detained during the course of any proceedings.
U.S. Supreme Court Tells Ninth Circuit to Remand Factual Questions
In a per curiam opinion, the Supreme Court reminds the 9th Circuit that it should remand fact-finding questions such as "changed circumstances" or changed "country conditions" affecting an asylum application. (INS v. Ventura, 11/4/02)
BIA Says Misdemeanor Drug Possession Is Not an Aggravated Felony
The BIA held that in accordance with Second Circuit precedent, an individual who has been convicted twice of misdemeanor marijuana possession under New York law has not been convicted of an aggravated felony under INA §101(a)(43)(B). (Matter of Elgendi, 10/31/02)
The CAIR Coalition and AILA Announce the Filing of a Lawsuit Challenging New BIA Regulations
The Capital Area Immigrants’ Rights Coalition (CAIR Coalition) and the American Immigration Lawyers Association (AILA) filed a federal lawsuit challenging the decisionmaking process used by the Department of Justice (DOJ).
New Local Operating Procedures for San Antonio, Texas Immigration Court
EOIR has posted to its website new local operating procedures for the immigration court in San Antonio, Texas.
New Address for San Juan, Puerto Rico Immigration Court
EOIR alert that the immigration court in San Juan, Puerto Rico has a new address.