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
VAWA Unit Authorized to Extend Deferred Action
A 9/8/00 memo from Michael Cronin, Acting Executive Associate Commissioner (INS), authorizing the VAWA unit at VSC to extend deferred action for battered spouses and children with approved self-petitions, and suspends the maximum validity times outlined in an earlier memo.
ICE’s Detention Operations Manual (2000)
A 2000 version of ICE’s Detention Operations Manual.
Comments on 212(c) Regulations
AILA, AILF, and 8 other organizations commented on the EOIR's proposal to partially restore section 212(c) relief, suggesting revisions necessary to achieve greater substantive and procedural fairness for those who should benefit from this regulation.
AILA, AILF, and Others Comment on 212(c) Regulations
AILA, AILF, and 36 other organizations commented on EOIR's proposed regulation for restoring 212(c) relief. The comments point out the significant ways in which the proposed regulation fails to ameliorate the harm caused by Matter of Soriano.
INS Moratorium on Soriano-Type Deportations
INS instructs the field not to deport persons whose proceedings commenced before 4/24/96, were eligible for or were denied on Soriano grounds a 212(c) waiver, are eligible for 212(c) relief under pre-AEDPA law and who have not been physically deported.
INS Advisory Letter on Home Studies for Orphan Petitions
Even isolated DUI or DWI arrest must be addressed, INS states. Letter also clarifies need to include in home study (and NOT as separate letter) all instances of substance or physical abuse or domestic violence, not just those resulting in arrest).
CA9 State Rehabilitative Statute Found to Cure Removal Ground
The 9th Circuit finds that the convictions of individuals who received the benefit of state rehabilitative statutes are extenguished. As a result, they are not subject to removal. (Lugan-Armendariz v INS, 8/1/00)
BIA Says California Taking of a Vehicle Is an Aggravated Felony
The BIA held that the respondent’s conviction for unlawful driving and taking of a vehicle in violation of §10851 of the California Vehicle Code is an aggravated felony theft offense even though the taking was not intended to be permanent. (Matter of V-Z-S-, 8/1/00)
INS Proposes Changes inn DACS Records System
INS proposes changes in when, and to whom, information contained in the Deportable Alien Control System (DACS) can be disclosed. (65 FR 46738, 7/31/00)
INS Proposed Rule to Create Uniform Procedure for AEDPA
INS proposed rule to apply Antiterrrorism and Effective Death Penalty Act of 1996 (AEDPA) section 440(d)'s elimination of 212(c) relief for certain individuals only to those whose proceedings were commenced after AEDPA's enactment on 4/24/96. (65 FR 44476, 7/18/00)
Prosecutorial Discretion Memo from General Counsel
An INS memo states that prosecutorial discretion applies to enforcement, not benefit, decisions, and that a decision not to bring removal 'perpetuates a continuing violation of the immigration laws.' Courtesy of Stephen Yale-Loehr.
INS Proposed Regulation on Indefinite Detention
INS proposed rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. Comments are due by 7/31/00. (65 FR 40540, 6/30/00)
EOIR Comments on Attorney Conduct Rules
EOIR news release and fact sheet concerning the Professional Conduct Rules and Procedures for Immigration Practitioners final rule issued on June 27, 2000. The rule does not apply to government attorneys.
BIA Finds Liberal Muslim Woman Eligible for Asylum
The BIA held that a woman with liberal Muslim beliefs had suffered past persecution and has a well-founded fear of future persecution at the hands of her father who holds orthodox Muslim views concerning the role of women in Moroccan society. (Matter of S-A-, 6/27/00)
EOIR Final Rule on Attorney Discipline Rules
EOIR final rule that also addresses practice before the INS, provides for investigation of complaints and sanctions against attorneys, and makes the BIA the reviewing body for decisions relating to infractions before the EOIR. The rule does not extend to government attorneys. (65 FR 39513, 6/27/00)
Text of Roy Berg's June 26 Speech to Immigration Judges
Speech of Royal F. Berg, outgoing chair of the AILA-EOIR Liaison Committee, to the immigration judges at their annual conference, June 26, 2000, in Las Vegas.
BIA Says Texas Burglary of a Vehicle Is Not an Aggravated Felony
The BIA held that burglary of a vehicle in violation of §30.04(a) of the Texas Penal Code is not an aggravated felony “burglary offense” under INA §101(a)(43)(G). (Matter of Perez, 6/6/00)
INS Enforcement Liaison Minutes (6/2/00)
Topics covered in a liaison meeting between AILA and INS Enforcement included prosecutorial discretion, problems with district offices ignoring G-28s, ASC processing for expiring green cards, and NAFTA adjudication issues.
INS Letter Concerning the Removal or Criminal Aliens
A letter from the Atlanta INS District Office instructing prosecutors on how to obtain removals and deportations.
BIA on Waiver of Appeal by Pro Se Alien
The BIA held that a pro se alien who accepts an IJ’s decision as “final” does not effectively waive the right to appeal where the judge failed to make clear that such acceptance constitutes an irrevocable waiver of appeal rights. (Matter of Rodriguez-Diaz, 5/18/00)
BIA Says CAT Requires Government Acquiescence
The BIA held that under Article 3 of the CAT, an applicant for protection must establish that the torture feared would be inflicted by or with the acquiescence of a public official or other person acting in an official capacity. (Matter of S-V-, 5/9/00)
INS General Counsel on ABC Reinstatements of Orders
A 4/27/00 memo from Bo Cooper, General Counsel (INS) stating that asylum officers have been ordered to suspend interviews in ABC or NACARA cases where they find an issue of reinstatement of a previous removal order under 245(a)(5), pending review by General Counsel.
Amicus Briefs in Cases Involving Stop Time Rule
AILF has filed amicus briefs in two cases pending before the Ninth Circuit on the 'stop time' rule issue including whether someone can accrue the requisite period of continuous physical presence AFTER service of the OSC/NTA.
INS Memo on Detention and Release During the Removal Period of Individuals Granted Withholding or Deferral of Removal
INS General Counsel Bo Cooper issued a memo addressing the authority of INS under certain circumstances to release an individual who has a final order of removal, and how has also been granted withholding or deferral of removal, before the 90-day removal period has expired.
INS Press Release on Enforcement Activity
An INS press release discusses the Service's enforcement activities and acknowledges that IIRAIRA, 'in some respects...went too far.'