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
CA6 Declares Blanket Closure of Special Interest Hearings Ruled Unconstitutional
Sixth Circuit decision declaring that Chief Immigration Judge Creppy's directive to close all special interest cases violates the First Amendment. Detroit Free Press (Haddad) v. Ashcroft (8/26/02)
DOJ Issues Fact Sheet on Final BIA ‘Reform’ Rule
The DOJ has issued a fact sheet on the final rule that revamps the structure and procedures of the BIA.
DOJ Press Release Announcing Final BIA Rule
The Justice Department has issued a press release announcing the publication of the final rule implementing numerous procedural reforms at the BIA. The rule takes effect on September 25, 2002.
EOIR Publishes Correction to Proposed St. Cyr Rule
The EOIR has published a correction notice to the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr.. (67 FR 54360, 8/22/02)
Proposed Rule Would Extend § 212(c) Eligibility in Certain Cases
A joint INS/EOIR proposed rule would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in INS v. St. Cyr. (67 FR 52627, 8/13/02)
EOIR Resources on Proposed §212(c) Rule
The EOIR has issued a fact sheet and a news release on the proposed rule that would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c).
Government Must Release the Names of Individuals Detained in Connection with September 11 Attacks
The District Court ruled that DOJ must release the names of individuals detained in the 9/11 attacks within 15 days of the court's decision. (Center for Nat'l Security Studies v. Justice Dept., 8/6/02)
Fact Sheet on the INS’s Office of Juvenile Affairs
An INS Fact Sheet dated 8/1/02 provides an overview of the INS’s recently established Office of Juvenile Affairs.
House Judiciary Committee Approves Due Process Reform Measure
AILA expresses support for the House Judiciary Committee passage of the bipartisan Family Reunification Act, which would provide a limited opportunity for certain long-term legal permanent residents to ask a judge to consider the facts of their case before deciding whether to deport them.
House Judiciary Committee Approves Due Process Reform Bill
On 7/23/02, the House Judiciary Committee approved the Family Reunification Act of 2002 (H.R. 1452), a limited due process reform bill that will restore some measure of fairness to our immigration laws.
Immigration Advocates Thank Sensenbrenner for Support on Due Process Bill
Immigration advocacy groups letter to Representative James Sensenbrenner expressing appreciation for his work in support of H.R. 1452, the Family Reunification Act of 2002. If passed, this legislation is an important first step toward restoring some measure of fairness to our immigration laws.
CA4 Issues Precedent Decision on the Use of Video
Although the court did not find prejudice in the individual case, CA4 held that video conferenced hearings may violate due process in some cases because it could negatively affect the respondent's credibility and restrict the respondent's access to counsel. (Rusu v. INS, 7/22/02)
EOIR Memo on Protective Orders and the Sealing of Records
Memo was rescinded and replaced by OPPM 09-02, issued on 2/9/09. EOIR issued OPPM 02-02 on 7/16/02, with guidance on the issuance of protective orders and sealing of records in immigration proceedings, in light of regulations granting IJs authority to issue protective orders and seal records.
DOJ Discloses Cursory Information on 9/11-Related Detainees
A 7/3/02 letter to Sen. Carl Levin, Assistant AG Daniel Bryant disclosed that INS detained 752 individuals on immigration violations in connection with the 9/11 terrorist attacks, and the EOIR has subjected 611 individuals to closed hearings pursuant to a 9/21/01 directive from Chief Judge Creppy.
AILF Resources on Motion to Exercise Sua Sponte Authority to Reopen Based on Fundamental Change in Law
The practice advisory and amicus briefs discuss motions requesting the BIA or the Immigration Courts to exercise their sua sponte authority to reopen cases where respondents were deported prior to fundamental change in the law, such as St. Cyr.
INS Says Deferred Action Is Lawful Presence
A 6/12/02 memo from Johnny Williams, Executive Associate Commissioner (INS) indicating that while an individual is in deferred action he or she does not accrue unlawful presence.
BIA Imputes Parent’s Lawful Residence to Minor to Establish Domicile
The BIA held that the period of an alien’s residence in the U.S. after admission as a nonimmigrant may be considered in calculating the 7 years of continuous residence required to establish eligibility for cancellation of removal under INA §240A(a)(2). (Matter of Blancas-Lara, 6/10/02)
BIA Says Misdemeanor Sexual Abuse of a Minor Is an Aggravated Felony
The BIA held that a misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under INA §101(a)(43). (Matter of Small, 6/4/02)
DOJ Publishes Correction to "Surrender" Rule
DOJ correction notice to a 5/9/02 proposed rule that would amend both INS and EOIR regulations by requiring aliens subject to a final order of removal to surrender themselves to the INS. The notice corrects an erroneous citation in the original document. (67 FR 38324, 6/3/02)
Emergency Motion to Enforce Memorandum and Order
Sample motion to compel the government to comply with a prior district court order by releasing Petitioner on the terms and conditions of bond set by the immigration judge. (June 2002) (Miscellaneous Motion)
BIA on Termination of Physical Presence for Cancellation
The BIA held that for purposes of cancellation of removal under INA §240A(b), continuous physical presence ends at the time an alien is compelled to depart the United States under threat of deportation or removal proceedings. (Matter of Romalez-Alcaide, 5/29/02)
INS Detention Facilities Home Pages Going Online
INS provides a list of Detention Facilities, as well as a link to home pages going online. Focus is on the San Juan District Office.
BIA Finds IJ Erred in Denying Cancellation for Mother of Six
The BIA held that a single mother from Mexico established eligibility for cancellation of removal where her four USC children would suffer exceptional and extremely unusual hardship upon her removal. (Matter of Recinas, 5/19/02)
BIA Finds Marijuana Misdemeanors Not Tantamount to Aggravated Felony
The BIA held that determining whether an offense is a felony under 18 USC §924(c)(2) depends on the classification of the offense under the law of the convicting jurisdiction. (Matter of Santos-Lopez, 5/14/02)
BIA Overrules K–V–D– in Class 4 Felony Drug Case
The BIA held that the determination as to whether a state drug offense is a drug trafficking aggravated felony shall be made by reference to federal circuit case law and not any BIA-adopted standard. (Matter of Garcia, 5/13/02)