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
Several BIA Members to Begin New Assignments
AILA has learned that the 5 BIA Members who have been asked to find other placements will soon transition to their new positions. The judges in question are Paul Schmidt, Gus Villageliu, Cecelia Espenoza, John Guendelsberger and Noel Brennan.
AILA Condemns AG’s Decision that Purports to Alter the Standards for Bond
AILA press release condemning a precedent decision holding that in bond proceedings involving undocumented aliens, where the government offers evidence that such release would serve to stimulate mass migration and threaten national security, IJs and the BIA must consider such interests.
AG on Evidence in Bond Proceedings
The Attorney General held that in bond proceedings, the IJ and the BIA must consider evidence from Executive sources that the alien's release would serve to stimulate mass migration and threaten national security. (Matter of D-J-, 4/17/03)
EOIR Corrects Class Action Judgment Notice in Barahona-Gomez v. Ashcroft
Correction to EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, which challenged prohibitions on granting suspension of deportation after 2/13/97 because of the agency interpretation of the 4,000 cap. (68 FR 18332, 4/15/03)
EOIR Responses to AILA's Liaison Questions (3/27/03)
Liaison issues addressed with EOIR included such topics as BIA reorganization, IJ case completion goals, asylum clock, records for appeal, mailing of decisions to the wrong address, briefing schedule, and Special Registration.
DOJ Exempts FBI’s National Crime Database from Privacy Act’s Accuracy Requirements
DOJ final rule exempts FBI’s National Crime Information Center database from the Privacy Act, thus FBI need no longer ensure the accuracy and timeliness of incriminating information about a particular individual. (68 FR 14140, 3/24/03)
EOIR Advisory Statement on Barahona-Gomez Settlement
EOIR advisory discussing the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap.
EOIR Issues Notice of Class Action Judgment in Barahona-Gomez v. Ashcroft
EOIR notice advising of the settlement in Barahona-Gomez v. Ashcroft, the class action lawsuit that challenged directives that prohibited the BIA and IJs from granting suspension of deportation after 2/13/97 because of their interpretation of the 4,000 cap. (68 FR 13727, 3/20/03)
BICE Begins Seeking Out, Apprehending Certain Iraqi Nationals in the U.S.
The Bureau of Immigration and Customs Enforcement (BICE), on 3/20/03, began seeking out and apprehending specific Iraqi nationals unlawfully present in the U.S. The initiative is part of the recently announced “Operation Liberty Shield.”
AILA Issue Paper on IIRAIRA and Due Process
AILA Issue Paper on AILA support for legislative initiatives designed to correct the injustices resulting from IIRAIRA and to restore due process and fairness for legal permanent residents.
DHS Announces Removal of 103 Pakistanis
The Bureau of Immigration and Customs Enforcement press release announcing that, in cooperation with the government of Pakistan, 103 Pakistanis were removed to Islamabad, for a total of 500 removals to Pakistan in the past year.
EOIR’s New Legal Orientation Program Aims to Aid Detainees
An EOIR News Release announces the agency’s new Legal Orientation Program, in which private nonprofit agencies provide individuals detained by the DHS information about court procedures and available options for relief prior to their first court appearance.
VSC's Written Answers to AILA's Liaison Questions (3/4/03) AMENDED 7/10/03
Topics addressed include applications for NSEERS registrants, public information telephone system, backlogs, concurrent L-1 employment, premium processing, expedites, ability to pay the offered wage, and religious workers.
AILA Backgrounder on the Draft “PATRIOT Act II”
AILA Backgrounder on leaked draft of the “Domestic Security Enhancement Act of 2003” (aka PATRIOT Act II), legislation that would diminish the already compromised due process of lawful permanent residents and other noncitizens under the pretext of fighting terrorism and enhancing homeland security.
DOJ Finds Exceptions to 90-Day Removal Period and No Reasonable Dispatch Required
In a 2/20/03 opinion, DOJ concluded that the AG has no obligation to "act with reasonable dispatch" to effectuate removal within 90-day period and that certain grounds, such as investigating terrorist connections, support detention without removal beyond the 90-day period. Courtesy of Dan Kowalski.
Office-by-Office Summary of How INS Is Handling Call-In Special Registration (Updated 02/20/03)
Summary of the handling of NSEERS call-in registrations by various INS offices. Alphabetical by name of city.
Justice Department Drafts Expanded PATRIOT Act
Recently leaked draft legislation from the Justice Department would expand the USA PATRIOT Act and would grant government authorities unprecedented powers.
BIA Upholds Right To Effective Assistance Counsel in Removal Proceedings
The BIA upheld Matter of Lozada and adopted AILF's argument that the BIA must follow the courts of appeal, which have uniformly recognized a due process right to effective assistance of counsel. (Matter of Assaad, 2/12/03)
INS Final Rule Barring Release of Detainee Information
INS has adopted as final, without change, an interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. (68 FR 4364, 1/29/02)
Summary of Field Guidance on Special Registration Issued (Updated 1/13/03)
Summary of field guidance that INS has issued to district offices on the conduct of call-in NSEERS, including instructions that persons with pending applications that would result in a legal status should not be referred to Investigations. The memo itself is unavailable.
Man Loses Bid to Remain in the U.S. After Committing Bigamy to Acquire LPR Status
The BIA held that an alien who acquires LPR status through fraud or misrepresentation has never been “lawfully admitted for permanent residence” and is ineligible for cancellation of removal. (Matter of Koloamatangi, 1/8/03)
INS Guidance on Security Checks and Prosecutorial Discretion for NSEERS Registrants
A 1/8/03 memo from Johnny Williams, Executive Associate Commissioner (INS), providing guidance on exercising prosecutorial discretion and issuing NTAs to call-in special registrants, and on conducting security checks.
DOS Cable on Application of Lujan-Armendariz to Applicants Who Enter at 9th Circuit POE
A 12/30/02 DOS cable stating that Lujan-Armendariz should apply to expunged first-time simple drug possession conviction, if the applicant intends to enter the U.S. at a port of entry within the 9th circuit.
INS Interim Regulation Precludes 212(h) Waivers for Most "Violent" Crimes
INS interim rule precluding 212(h) waivers where the application "involves a violent or dangerous crime", except in extraordinary circumstances. Comments due 1/27/03. Rule was originally proposed as part of the Indochinese Adjustment regulations. (67 FR 78675, 12/26/02)
BIA on NTA Service by Certified Mail
The BIA held that service of an NTA and hearing notice by certified mail was proper, even though it was returned and marked “unclaimed.” (Matter of M-D-, 12/18/02)