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
EOIR Memo on Earliest Possible Release Dates on Institutional Hearing Program Cases
OPPM 95-2, issued 11/27/95 by the Office of the Chief Immigration Judge, outlines acceptance and rejection of Institutional Hearing Program (IHP) filings, with specific emphasis on Earliest Possible Release Dates (EPRD) from incarceration.
DOJ Final Rule on Authority of BIA
This final rule expands the circumstances under which the Chairman may designate the Chief Attorney Examiner of the EOIR as an alternate Board Member. Also changes procedure for adjudicating certain types of motions. Final rule effective 11/15/95. (60 FR 57313, 11/15/95)
EOIR Request for Comment on Representation
EOIR comment request on whether the requirement that recognized organizations may charge only "nominal fees" should be changed. Comments due by 12/14/95. (60 FR 57200, 11/14/95)
Presidential Memo on Alien Smuggling By Organized Crime
Presential Determination on the emergency resulting from undocumented individuals smuggled by organized crime. (60 FR 53675, 10/16/95)
Amicus Brief Summaries
Amicus brief summaries on Baez v. INS, Hussein v. INS, Raya-Ledesma v. INS, Matter of Mendez-Martinez, and Rivera v. INS. Contributed by Lory Rosenberg, Nadine K. Wettstein, Lisa S. Brodyaga, Regina Germain, and Dick Ginsburg and Lisa Lesage.
Final Rule Changing the Tribunal Name to Immigration Court
The final rule is a nomenclature change, changing the name of the administrative tribunal which initially hears deportation and exclusion proceedings from "Office of the Immigration Judge" to "Immigration Court." Effective 6/30/95. (60 FR 34089, 6/30/95)
INS Notice of Termination of Nicaraguan Special Review Process
INS notice of the termination of the special review procedures under which the files of Nicaraguan nationals subject to final deportation orders were subject to mandatory review by the INS and the Office of the Deputy Attorney General. (60 FR 31167, 6/13/95)
DOJ Final Rule on Citizenship Requirement for Employment
This final rule requires that employees hired by the Executive Office for Immigration Review (EOIR) be U.S. citizens and exempts EOIR from the IRCA general prohibition of discrimination based on citizenship status. Rule effective 7/5/95. (60 FR 29465, 6/5/95)
EOIR Rule on Stipulated Requests for Deportation or Exclusion Orders
This final rule amends 8 CFR 3.25 by codifying an Immigration Judge's discretion to enter an order of deportation or exclusion without a hearing if satisfied that the alien voluntarily entered into a plea-negotiated or otherwise stipulated request. Effective 6/16/95. (60 FR 26351, 5/17/95)
EOIR Proposes Procedural Change in BIA Filing
DOJ proposed rule establishing a uniform central system for filing and tracking appeals before the Board and would supersede previous proposed rulemaking in May and June of 1994. Comments due by 6/8/95. (60 FR 24573, 5/9/95)
INS Rule on Terminating Temporary Resident Status
INS final rule providing the procedures, in specified circumstances, for the automatic termination of temporary resident status upon the entry of a final order of deportation or exclusion. (60 FR 21039, 5/1/95)
P.L. 104-132, AEDPA
Full text of the 'Antiterrorism and Effective Death Penalty Act of 1996' (AEDPA) signed into law on 4/27/95.
BIA Upholds Adjustment Grant under the Chinese Student Protection Act
The BIA upheld the grant of adjustment of status under the CSPA where the applicant was statutorily ineligible at the time of filing but subsequently became eligible for adjustment with the passage of 245(i). (Matter of Li, 4/20/95)
INS Proposed Rule on Alternative Deportation Procedures
INS proposed rule to establish alternative administrative deportation procedures for aliens who have been convicted of aggravated felonies, are not admitted for permanent residence and not eligible for any relief from deportation. Comments due by 5/30/95. (60 FR 16386, 3/30/95)
Parole Decision in Golden Venture Cases
The U.S. District court for the Middle District of Pennsylvania on Mar. 15th found that DD Blackman had abused his parole discretion in approximately 150 Golden Venture cases. Courtesy of Jane Kochman, AILF.
Presidential Memo on Deterring Illegal Immigration
A memorandum from President Clinton on the administrations policies for deterring illegal immigration. (60 FR 7885, 2/7/95)
Legal Opinion on Excludability Under Customs Zero Tolerance Fines
A 1/20/95 letter from T. Alexander Aleinikoff, General Counsel, to INS stating that it may not seek an individual’s exclusion as an alien who has admitted a controlled substance violation, based solely on the alien’s having signed the “Agreement to Pay Monetary Penalty.”
Amicus Brief on 212(c) Domicile
AILA/AILF joint amicus brief to the Fifth Circuit Court argues that "lawful domicile" for a waiver of deportation or exclusion under 212(c) of the Immigration and Nationality Act (INA), 8 USC 1182(c), can be accrued in a variety of statuses, not limited to permanent residence.
BIA Says IJs Have Jurisdiction Over 245(i) Cases
The BIA held that notwithstanding a clerical error in the redundant designation of section 245(i), immigration judges have jurisdiction to entertain applications for relief based on section 245(i). (Matter of Grinberg, 11/22/94)
CA9 Says Government Must Expedite Hearing for Incarcerated LPR
The court found that the incarcerated LPR had standing to bring a mandamus action to compel INS to give him an expedited deportation hearing and that the government has a duty to initiate and if possible, complete deportation proceedings before his release date. (Garcia v. Taylor, 11/10/94)
Letter to Chief Judge Creppy from AILF on 245(i)
Letter from AILF Legal Action Center Director, Lory D. Rosenberg, to Chief Immigration Judge, Michael Creppy, regarding INA 245(i) and adjustment of status and a new S visa.
EOIR Memo on Wearing of the Robe During Immigration Judge Hearings
EOIR OPPM 94-10, issued by the Office of the Chief Immigration Judge, states that each immigration judge “shall wear a traditional black judicial robe when conducting a hearing where one or more parties are present, including hearings in detention centers, on details, and in prisons.”
EOIR Memo on When to Grant Continuances
EOIR memo 94-6, dated 7/18/94, on continuances and intended to assist the Office of the Chief Immigration Judge in identifying those circumstances which necessitate granting more than two continuances for the purpose of obtaining legal representation. Memo was rescinded on 3/7/13 by OPPM 13-01.
EOIR Proposed Rule on Procedures for Motions and Appeals
This proposed rule would amend Executive Office for Immigration Review practices concerning motion and appeal procedures in immigration proceedings. (59 FR 23986, 6/7/94)
CA9 Rejects Use of Deportation Order to Establish Alienage in Criminal Case
The court reversed the conviction for illegal reentry after deportation, finding that the government's reliance on the defendant's order to show cause and deportation order to establish alienage was highly prejudicial. (U.S. v. Ortiz-Lopez, 5/16/94)