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: Changes to Virtual Service in Recent EOIR Policy Manual Updates
EOIR issued changes to the immigration court practice manual that have significant implications on service of OPLA.
EOIR Rescinds Memo on Language Access in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-20 rescinding and canceling the 6/6/23 Director’s Memorandum (DM) 23-02, which provided guidance to IJs regarding language access issues in immigration court proceedings.
CA8 Upholds Denial of Asylum Where Petitioners’ Persecutor Was Later Murdered
The court upheld the BIA’s denial of asylum as to the mother and daughter petitioners from Mexico, where the mother had experienced while pregnant a physical assault by her cousin, who was later murdered, but no harm had come to her daughter in utero. (Becerril-Sanchez v. Bondi, 2/6/25)
DOJ Issues Memo on Policy Regarding Charging, Plea Negotiations, and Sentencing
The Attorney General issued a memo outlining DOJ's general policy on charging decisions, plea bargaining, sentencing, and investigative and charging priorities, including immigration enforcement priorities.
DOJ Issues Memo on Sanctuary Jurisdiction Directives
Attorney General Pamela Bondi issued a memo on sanctuary jurisdiction directives, stating that sanctuary jurisdictions should not receive access to federal grants administered by the DOJ, among other things.
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
Featured Issue: Practicing under the New Trump Administration
This page curates resources from AILA and other organizations that members may find helpful as they adapt to practicing under the new Trump Administration.
2025 AILA Annual Conference and Webcast on Immigration Law
Registration is now open for the 2025 AILA Annual Conference and Webcast on Immigration Law. Join thousands of immigration attorneys, professors, paralegals, students, and special guests on June 18-21 in Denver, CO, as we recharge our spirits, hone our skills, and strengthen our community.
CA4 Holds That BIA Failed to Consider Relevant Evidence in Finding Petitioner Could Relocate in Honduras
The court held that the BIA ignored legally relevant evidence when it reversed the IJ’s decision granting deferral of removal under the Convention Against Torture (CAT) after determining that petitioner had failed to prove he could relocate safely in Honduras. (Funez-Ortiz v. McHenry, 2/4/25)
EOIR Reinstates Memo on Legal Advocacy by Non-Representatives in Immigration Court
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-18 rescinding the 5/5/22 Director’s Memorandum (DM) 22-06 and reinstating the 11/21/19 PM 20-05, which reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings.
Executive Order on Additional Measures to Combat Anti-Semitism
On 1/29/25, President Trump issued Executive Order (EO) 14188 that, among other actions, directs certain heads of agencies to include in reports to the president recommendations to familiarize colleges and universities with the grounds for inadmissibility under INA §212(a)(3). (90 FR 8847, 2/3/25)
EOIR Rescinds Memo Providing Guidance on Enforcement Priorities and Prosecutorial Discretion
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-16 that rescinds the 9/28/23 Director’s Memorandum (DM) 23-04, which provided guidance to EOIR adjudicators on DHS enforcement priorities and prosecutorial discretion initiatives.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Featured Issue: Representing Clients Before ICE
This resource page combines AILA and partner resources for attorneys representing clients before ICE. Includes contact information and website links to procedures and policies related to ICE’s operations.
BIA Holds That Respondent’s Texas Convictions for Aggravated Assault and Failure to Stop and Give Aid Were Separate Schemes of Misconduct
The BIA held that two crimes involving moral turpitude, premised on separate turpitudinous acts with different goals, neither of which was committed in the course of accomplishing the other, constitute separate schemes of criminal misconduct. Matter of Baeza-Galindo, 29 I&N Dec. 1 (BIA 2025)
EOIR Issues Memo Reinstating Prior Guidance on Child Advocates in Immigration Proceedings
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-14, rescinding a 2023 Director’s Memorandum (DM) that directed IJs to accept certain filings as evidence and to allow certain witnesses to testify, and reinstating the 11/15/19 PM 20-03, “Child Advocates in Immigration Proceedings.”
EOIR Issues Memo on Office of Legal Access Programs
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-15 to clarify questions regarding the status and function of EOIR’s Office of Legal Access Programs (OLAP), including information on the Legal Orientation Program (LOP).
TRO Leads to Restart of Critical Legal Access Programs
On January 31, 2025, a U.S. District Court temporarily restarted legal access programs that were halted by the DOJ. The programs provide legal services to vulnerable populations, including children, families, and detained adults. Last week, AILA members asked Congress to urge these programs restart.
ICE Releases Memo on Enforcement Actions in or Near Protected Areas
ICE Acting Director Caleb Vitello issued a memo, “Common Sense Enforcement Actions in or Near Protected Areas,” stating that DHS will not be issuing bright line rules on where immigration laws are allowed to be exercised, but instead will issue guidance on exercising enforcement discretion.
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
Chief U.S. District Judge Dolly M. Gee extended the Juvenile Care Monitor’s term by six months, from 12/27/24 until 6/27/25, and extended the termination date of the 2022 Settlement Agreement by 18 months, from 1/29/25 until 7/29/26. (Flores, et al. v. McHenry, et al., 1/30/25)
ICE Issues Guidance on Enforcement Actions Involving Beneficiaries of Victim-Based Immigration Benefits
ICE Acting Director Caleb Vitello issued a policy directive (ICE Directive 11005.4) providing interim guidance on civil immigration enforcement actions involving current or potential beneficiaries of victim-based immigration benefits. The guidance is effective immediately.
ICE Releases Memo on Suspension of the 287(g) Program Advisory Board
ICE Acting Director Caleb Vitello issued a memo suspending the 287(g) Program Advisory Board (PAB) and its governance structure effective immediately. The memo states that this will allow ICE to enter into agreements with state and local law enforcement agencies under INA §287(g) in a timely manner.
EOIR 30-Day Notice and Extension of Comment Period on Form EOIR-40
EOIR 30-day notice and extension of the comment period on proposed revisions to Form EOIR-40, Application for Suspension of Deportation, originally announced at 89 FR 91786 on 11/20/24. Comments are now due 3/3/25. (90 FR 8535, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)