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
Texas State Bar Committee Minutes (3/17/01)
The State Bar of Texas Committee on Laws Relating to Immigration and Nationality minutes include reports from: AILA Texas Chapter, DOL, INS District Office, Pro BAR, Voluntary Agencies, Lawyers Committee for Civil Rights Immigration Project, TDHS.
AILA Comment on EOIR Regulation on Delegations of Authority
AILA's comment on certain provisions of the EOIR proposed regulation on delegations of authority, including granting the Director plenary power to set specific time frames in which cases must be adjudicated.
INS Memo Addressing LIFE Act Applicable to NACARA 203 Relief
A 2/23/01 memo from Michael Pearson, Executive Associate Commissioner (INS) addressing the applicability of INA section 241(a)(5) (Reinstatement) to NACARA 203 beneficiaries and provides guidance to its implementation under the LIFE Act.
Memo Implements LIFE Reinstatement Provision
A 2/22/01 memo from Joseph Langlois, Director (INS) clarifying that persons granted NACARA section 203 relief are not barred by 241(a)(5) reinstatement from pursuing asylum claims.
AILA/AILF Amicus Brief to BIA in Matter of Mario Roberto
AILA/AILF amicus brief to BIA in Matter of Mario Roberto Madriz-Alvarado and the conviction and federal and state first offender statutes.
INS Instructs on Reopening Proceedings for NACARA/HRIFA Applicants
A 2/14/01 memo from Michael Pearson, Executive Associate Commissioner (INS) providing instructions on processing of persons who were made eligible under LIFE for HRIFA or NACARA §202 relief, and on deferring action against persons eligible to apply under HRIFA as a dependent.
BIA on Deadline for Filing Motion to Reopen or Reconsider
The BIA held that the deadline for filing a motion to reopen or reconsider before the IJ is determined by the date on which the IJ entered a final administrative order, and is not affected by actions taken by the INS in the course of executing the IJ’s order. (Matter of Goolcharan, 2/1/01)
John Ashcroft's Replies to Immigration Questions
Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee, including questions on INS restructuring, expedited removal, due process, domestic violence-based persecution, worksite enforcement, and mail order brides.
Texas Bar Immigration Committee Meeting (1/26/01)
The Texas Bar's immigration committee's 1/26/01 meeting included reports from the TSC, the San Antonio District Office, the Texas Dept. of Human Services, ProBar, AILA, and others.
CA9 Says Reinstatement Does Not Apply to Pre-4/1/97 Reentries
INA 241(a)(5), reinstatement of “removal” orders, not valid when reentry was before IIRIRA’s effective date, 4/1/97. Also, “[W]e seriously doubt that the government’s new reinstatement procedure comports with the Due Process Clause...” (Castro-Cortez v. INS, 1/23/01)
Guidelines for Secondary Inspection Access
A 1/22/01 memo from Michael Pearson, Executive Associate Commissioner (INS), providing secondary inspection access guidelines for visits by non-governmental organizations (NGOs) for expedited removals at ports-of-entry.
EOIR Final Rule with Soriano Regulations
A final EOIR rule, overturning Matter of Soriano, permits certain persons in deportation proceedings begun before 4/24/96 to apply for 212(c) relief. Rule effective 1/22/01. (66 FR 6436 1/22/01)
Attorney General Vacates Matter of R-A-
On her last day in office, the Attorney General vacated Matter of R-A- and remanded it to the BIA to reconsider its decision after the 12/7/00 regulations are finalized. (Matter of R-A-, vacated 1/19/01)
Section 274C Class Action Settlement Proposed
A proposed class action settlement would vacate final orders issued against persons found to have violated section 274C document fraud provisions who were provided faulty information regarding their rights to contest the charges. (Walters v. Reno, 12/26/00)
EOIR Proposed Rule with Outline of EOIR/BIA/IJ Authorities
EOIR proposes a rule delineating the powers and authority of the EOIR Director, the Chair of the BIA, and the Chief IJ, and redesignating BIA members as Appellate Immigration Judges. Comments due 2/26/01. (65 FR 81434, 12/26/00)
INS Final Regulation on Indefinite Detention
INS final rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. Rule is effective 12/21/00. (65 FR 80281, 12/21/00)
BIA Finds Motion to Remand Does Not Cure Untimely Motion to Reopen
The BIA held that a motion to remand submitted during the pendency of an appeal from an IJ’s denial of an untimely motion to reopen and filed after entry of a final administrative decision does not cure the untimeliness of the initial motion to reopen. (Matter of Oparah, 12/15/00)
BIA Says CA Possession of a Firearm by a Felon Is Not an Aggravated Felony
The BIA held that possession of a firearm by a felon in violation of §12021(a)(1) of the California Penal Code is not an aggravated felony under INA §101(a)(43)(E) because it is not an offense “described in” 18 USC §922(g)(1). (Matter of Vasquez-Muniz, 12/1/00)
INS Proposed Repapering Regulation
INS proposed rule to enable termination of deportation, and institution of removal proceedings for persons without final administrative orders who are ineligible for relief under deportation proceedings but eligible for relief under removal. (65 FR 71273, 11/30/00)
Supreme Court to Hear Judicial Review and 212(c) Cases
Supreme Court to hear two cases on the right to judicial review of removal orders and whether AEDPA and IIRAIRA eliminated eligibility for 212(c) relief retroactively.
INS Memo on Exercising Prosecutorial Discretion
A 11/17/00 memo from Doris Meissner, Commissioner (INS) outlining considerations and procedures for the exercise of prosecutorial discretion in all stages of the enforcement process.
EOIR/AILA Liaison Questions and Answers (11/8/00)
EOIR's answers to AILA Liaison questions from the 11/8/00 meeting. Topics include I-130 visa petition backlogs at INS, new professional conduct regulations, proposal to permit electronic filings, pro bono coordinator activities, televideo merit hearings, and obtaining cassette tapes from hearings.
TV Documentary Highlights Violations of American Principles Against Immigrants
AILA press release on the "American Dream, American Nightmare," a TV documentary that highlights the stories of four legal permanent residents threatened with deportation for minor offenses committee years ago.
BIA on AEDPA 440(d) in the Second Circuit
The BIA held that pursuant to Henderson v. INS, a respondent in the 2nd Circuit whose proceedings were pending on 4/24/96 is not subject to the changes made to §212(c) by AEDPA §440(d). (Matter of Davis, 11/2/00)
Summary of VAWA II Immigration Fixes
Summary of the changes resulting from the passage of the Violence Against Women Act of 2000 (P.L. 106-386).