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
BIA Vacates Grant of Deferral of Removal Under CAT
The BIA held that the respondent, who was convicted of a U.S. drug offense, failed to establish that it is more likely than not that she will be tortured as a result of that conviction if she is deported to Nigeria. (Matter of M-B-A-, 9/24/02)
BIA Remands Case for Deficiency in IJ’s Factual Findings
The BIA held that under new regulations effective 9/25/02, it has limited fact-finding on appeal which heightens the need for IJs to include clear and complete findings of fact in their decisions. (Matter of S-H-, 9/12/02)
BIA Updates Precedent Decisions Chart
The Board of Immigration Appeals has updated its chart that tracks, in chronological fashion, various BIA precedent decisions that have been cited by the federal circuit courts.
Guidelines for Submitting an Optional Supplemental Brief Under the New BIA Rule
The BIA has issued guidelines for the submission of optional supplemental briefs pursuant to the final BIA procedural reform regulation published on August 26, 2002. The regulation takes effect on September 25, 2002.
AILA’s Comment on the Indochinese Parolee Adjustment Regulations
AILA comments on proposed regulations that would provide for the adjustment of status of certain aliens from Vietnam, Cambodia and Laos. Thanks to Maureen Masters, on behalf of the U.S. Catholic Conference, and John T. Combs, on behalf of AILA, for their good work.
DOJ Inspector General’s Audit Report on the Institutional Removal Program
The DOJ Inspector General’s Audit Report on the Institutional Hearing Program found that the INS has not effectively managed the program, and recommended that the agency take specific steps to address the problems cited in the report.
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)
Ashcroft Changes to BIA: A Slap in the Face to Immigrants
AILA decries Ashcroft's changes to the Board of Immigration Appeals. The changes severely compromise due process and the independence of the immigration court system.
DOJ Final Rule to Enact Procedural Reforms at the BIA
DOJ final rule that would make a number of procedural reforms at the Board of Immigration Appeals, including cutting the number of BIA Members from 19 to 11 and expanding the number of cases referred to a single Board member. Rule effective 9/25/02. (67 FR 54877, 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)
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).
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)
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.
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)
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.
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)