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
Information About Detainees in INS Custody
List of the countries of birth, charges, and dates charged for individuals taken into INS custody or returned to custody after 9/11/01.
DOL-ETA Liaison Meeting Minutes (11/30/01)
Minutes for the 11/30/01 DOL-ETA Liaison Meeting, discussing the new web LCA filing system, wage level Q&As, expediting labor certifications, processing backlogs, and duplicate labor certifications.
Official Minutes from 11/29/01 EOIR Liaison Meeting
Official minutes from EOIR/AILA liaison meeting of11/29/01, covering immigrant petitions in proceedings, Board and court procedures, September 11 aftermath, disciplinary rules, NTAs, motions, and other topics.
AILA/ISD Liaison Q&As (11/29/01)
Q&As from the 11/29/01 teleconference with ISD include filing V visa simultaneously with CIMT waiver, AC21 §106 and 7th year H-1Bs, USA PATRIOT Act savings clauses; change of address, and Conrad 20 cases.
Attorney General Directive on Cooperators Program
A 2001 memo from the Attorney General announcing incentives, such as approval of nonimmigrant status, granting of parole, and deferral of prosecutorial action, for aliens who provide information relating to terrorists.
AILA/AILF Comment on INS Custody Regulation
AILA and AILF comment on the INS interim regulation extending to 48 hours or 'an additional reasonable period of time' the period in which INS can hold an individual in custody before deciding whether to issue an NTA.
EOIR Memo on Continued Detention Review Hearings
Operating Policies and Procedures Memorandum 01-03 from the Chief IJ advising on the Court’s policy on continued detention custody review process of individuals subject to final orders of removal or deportation
INS Amends Custody Review Process
INS amends its rules on the review process with respect to long-term detention of persons subject to final orders of removal, deporation or exclusion, in light of the Supreme Court decision in Zadvydas v. Davis. (66 FR 56967, 11/14/01)
INS Testimony on Processing Persons Arrested for Illegal Entry
INS Executive Associate Commissioner Pearson testified on 11/13/01 at a Congressional hearing regarding the processing, between ports of entry, of individuals arrested for illegal entry into the U.S.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
This recently acquired 2001 memo from Bo Cooper, INS General Counsel, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission.
BIA Upholds Asylum Grant to Nicaraguan Street Child
In nonprecedent decision, the BIA dismissed the appeal of the IJ's grant of asylum based on social group (abandoned street children in Nicaragua) and imputed political opinion. (Matter of B-F-O-, 11/6/01)
DOJ Request for Comments on Detainees Communications with Attorneys Being Monitored
DOJ interim rule for comment on the change to allow monitoring of communications between detainees and their attorneys where a determination is made that it is necessary to deter violence or terrorism. Notice of the monitoring must be given. (66 FR 55062, 10/31/01)
EOIR Interim Rule on Change to Custody Orders
EOIR interim rule for comment amending regulations to expand the provision to provide for a 10-day automatic stay of release while INS seeks BIA review of an IJ's release from custody order where the INS ordered the person held without bond or set a bond of more than $10,000. (66 FR 54909, 10/31/01)
BIA Says No Threshold Test in Cancellation of Removal
The BIA held that a grant of relief from removal under INA §240A(a) requires simple "totality of the evidence" balancing and that the IJ erred in requiring a showing of "unusual or outstanding equities." (Matter of Sotelo-Sotelo, 10/25/01)
BIA Finds MTR Abandoned Due to Alien's Departure
The BIA held that when it discovers that it has granted a motion to reopen after the alien’s departure, it is appropriate to reconsider and vacate the prior order on jurisdictional grounds. Matter of Crammond, 23 I&N Dec. 9 (BIA 2001), vacated. (Matter of Crammond, 10/16/01)
BIA on Change of Address Obligations and In Absentia Orders
The BIA held that where the notice of hearing was served by mail, an in absentia order may only be entered where the alien has received an NTA explaining the statutory address obligations and of the consequences of failing to provide a current address. (Matter of G-Y-R-, 10/19/01)
AILA Testimony on Immigration and National Security
Testimony of AILA Executive Director Jeanne Butterfield before the Senate Immigration Subcommittee on "Effective Immigration Controls to Deter Terrorism" including proposals about new measures that Congress could mandate that would add to our deterrence capabilities.
CA3 Says PA Misdemeanor Vehicular Homicide Is Not a Crime of Violence
The court held that a Pennsylvania misdemeanor conviction for vehicular homicide, despite a sentence of more than 1 year, is not a "crime of violence" under 18 USC §16, and thus, is not an aggravated felony under INA §101(a)(43). (Francis v. Reno, 10/16/01)
BIA Says Perjury Under California Law Is an Aggravated Felony
The BIA held that a conviction for perjury under Cal. Penal Code §118(a) is an aggravated felony under INA §101(a)(43)(S). (Matter of Martinez-Recinos, 10/15/01)
INS to Exercise Discretion for WTC Victims
A 10/10/01 letter from James Ziglar, Commissioner (INS) announcing that INS will exercise discretion toward families of victims of the terrorist attacks on 9/11, whose immigrant or nonimmigrant status was dependent on the victim's status.
EOIR Memo on Motions for Change of Venue (Rescinded 1/17/18)
This memo was rescinded and replaced by OPPM 18-01 on 1/17/18. EOIR OPPM 01-02 on motions requesting change of venue (COV), including Immigration Judge authority, specific requirements and administrative requirements. Memo supersedes OPPM 85-5 and OPPM 97-10.
INS Will Not Use Information Against WTC Victims' Families
A 10/5/01 letter from James Ziglar, Commissioner (INS) encouraging employers and undocumented aliens, who lost employees or family members during the 9/11 terrorist attack, to contact local authorities and stating that INS will not seek information for immigration reasons.
INS Statement on Undocumented in NY Terrorist Attack
A 9/21/01 statement by James Ziglar, Commissioner (INS) encouraging undocumented aliens who may have lost friends or family in the NYC terrorist attack to contact local authorities without fear of INS attempting to acquire or use that information for immigration purposes.
INS Q&As on the Walters v. Reno Settlement
INS provides Q&As on the Walters v. Reno settlement, including who is considered a class member, in which cases INS will join in a motion to re-calendar a deportation proceedings, deadline information, and more.
INS Implements Walters v. Reno
INS provides information on filing motions under Walters v. Reno with respect to improper INS implementation of the the civil document fraud provisions of INA section 274C. (66 FR 48480, 9/20/01)