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/AILF Comment on INS Custody Regulation
AILA and AILF comment on the INS interim regulation extending to 48 hours or 'an additional reasonable period of time' the period in which INS can hold an individual in custody before deciding whether to issue an NTA.
EOIR Memo on Continued Detention Review Hearings
Operating Policies and Procedures Memorandum 01-03 from the Chief IJ advising on the Court’s policy on continued detention custody review process of individuals subject to final orders of removal or deportation
INS Amends Custody Review Process
INS amends its rules on the review process with respect to long-term detention of persons subject to final orders of removal, deporation or exclusion, in light of the Supreme Court decision in Zadvydas v. Davis. (66 FR 56967, 11/14/01)
INS Testimony on Processing Persons Arrested for Illegal Entry
INS Executive Associate Commissioner Pearson testified on 11/13/01 at a Congressional hearing regarding the processing, between ports of entry, of individuals arrested for illegal entry into the U.S.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
This recently acquired 2001 memo from Bo Cooper, INS General Counsel, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission.
BIA Upholds Asylum Grant to Nicaraguan Street Child
In nonprecedent decision, the BIA dismissed the appeal of the IJ's grant of asylum based on social group (abandoned street children in Nicaragua) and imputed political opinion. (Matter of B-F-O-, 11/6/01)
DOJ Request for Comments on Detainees Communications with Attorneys Being Monitored
DOJ interim rule for comment on the change to allow monitoring of communications between detainees and their attorneys where a determination is made that it is necessary to deter violence or terrorism. Notice of the monitoring must be given. (66 FR 55062, 10/31/01)
EOIR Interim Rule on Change to Custody Orders
EOIR interim rule for comment amending regulations to expand the provision to provide for a 10-day automatic stay of release while INS seeks BIA review of an IJ's release from custody order where the INS ordered the person held without bond or set a bond of more than $10,000. (66 FR 54909, 10/31/01)
BIA Says No Threshold Test in Cancellation of Removal
The BIA held that a grant of relief from removal under INA §240A(a) requires simple "totality of the evidence" balancing and that the IJ erred in requiring a showing of "unusual or outstanding equities." (Matter of Sotelo-Sotelo, 10/25/01)
BIA Finds MTR Abandoned Due to Alien's Departure
The BIA held that when it discovers that it has granted a motion to reopen after the alien’s departure, it is appropriate to reconsider and vacate the prior order on jurisdictional grounds. Matter of Crammond, 23 I&N Dec. 9 (BIA 2001), vacated. (Matter of Crammond, 10/16/01)
BIA on Change of Address Obligations and In Absentia Orders
The BIA held that where the notice of hearing was served by mail, an in absentia order may only be entered where the alien has received an NTA explaining the statutory address obligations and of the consequences of failing to provide a current address. (Matter of G-Y-R-, 10/19/01)
AILA Testimony on Immigration and National Security
Testimony of AILA Executive Director Jeanne Butterfield before the Senate Immigration Subcommittee on "Effective Immigration Controls to Deter Terrorism" including proposals about new measures that Congress could mandate that would add to our deterrence capabilities.
CA3 Says PA Misdemeanor Vehicular Homicide Is Not a Crime of Violence
The court held that a Pennsylvania misdemeanor conviction for vehicular homicide, despite a sentence of more than 1 year, is not a "crime of violence" under 18 USC §16, and thus, is not an aggravated felony under INA §101(a)(43). (Francis v. Reno, 10/16/01)
BIA Says Perjury Under California Law Is an Aggravated Felony
The BIA held that a conviction for perjury under Cal. Penal Code §118(a) is an aggravated felony under INA §101(a)(43)(S). (Matter of Martinez-Recinos, 10/15/01)
INS to Exercise Discretion for WTC Victims
A 10/10/01 letter from James Ziglar, Commissioner (INS) announcing that INS will exercise discretion toward families of victims of the terrorist attacks on 9/11, whose immigrant or nonimmigrant status was dependent on the victim's status.
EOIR Memo on Motions for Change of Venue (Rescinded 1/17/18)
This memo was rescinded and replaced by OPPM 18-01 on 1/17/18. EOIR OPPM 01-02 on motions requesting change of venue (COV), including Immigration Judge authority, specific requirements and administrative requirements. Memo supersedes OPPM 85-5 and OPPM 97-10.
INS Will Not Use Information Against WTC Victims' Families
A 10/5/01 letter from James Ziglar, Commissioner (INS) encouraging employers and undocumented aliens, who lost employees or family members during the 9/11 terrorist attack, to contact local authorities and stating that INS will not seek information for immigration reasons.
INS Statement on Undocumented in NY Terrorist Attack
A 9/21/01 statement by James Ziglar, Commissioner (INS) encouraging undocumented aliens who may have lost friends or family in the NYC terrorist attack to contact local authorities without fear of INS attempting to acquire or use that information for immigration purposes.
INS Q&As on the Walters v. Reno Settlement
INS provides Q&As on the Walters v. Reno settlement, including who is considered a class member, in which cases INS will join in a motion to re-calendar a deportation proceedings, deadline information, and more.
INS Implements Walters v. Reno
INS provides information on filing motions under Walters v. Reno with respect to improper INS implementation of the the civil document fraud provisions of INA section 274C. (66 FR 48480, 9/20/01)
INS Rule on Extension of Custody Period
INS interim rule on regulations on the period of time after an alien's arrest within which the Service must make a determination whether the alien will be continued in custody or released on bond or recognizance. Rule is effective 9/17/01 and comments are due by 11/19/01. (66 FR 48334, 9/20/01)
BIA on Missed Deadlines Due to 9/11 Attacks
BIA appears to indicate that late filings at the Board in the aftermath of the September 11 attacks should include a one-page explanation of "your extraordinary circumstances." Late filings before the immigration courts are not addressed.
EOIR Memo on Immigration Court Evaluation Program
EOIR memorandum 01-01 supplanting draft memo 96-2 and establishing the Immigration Court Evaluation Program, which will provide a comprehensive evaluation of the operations of each immigration court and facilitate the exchange of information and practices between courts.
INS Provides Address for Release from Detention Requests
INS notice with the address where a detained individual must submit a written request for release on the ground that there is no significant likelihood that he will be removed in the reasonably foreseeable future, in accordance with Zadvydas v. Davis. (66 FR 44646, 8/24/01)
DOS Cable on Returns of Detainees
State Department advises posts of the U.S. Supreme Court decision, Zadvydas v. Davis. The State Department will exert all appropriate efforts to assist DOJ in returning detainees to the country of removal.