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
INS Rule on Extension of Custody Period
INS interim rule on regulations on the period of time after an alien's arrest within which the Service must make a determination whether the alien will be continued in custody or released on bond or recognizance. Rule is effective 9/17/01 and comments are due by 11/19/01. (66 FR 48334, 9/20/01)
BIA on Missed Deadlines Due to 9/11 Attacks
BIA appears to indicate that late filings at the Board in the aftermath of the September 11 attacks should include a one-page explanation of "your extraordinary circumstances." Late filings before the immigration courts are not addressed.
EOIR Memo on Immigration Court Evaluation Program
EOIR memorandum 01-01 supplanting draft memo 96-2 and establishing the Immigration Court Evaluation Program, which will provide a comprehensive evaluation of the operations of each immigration court and facilitate the exchange of information and practices between courts.
INS Provides Address for Release from Detention Requests
INS notice with the address where a detained individual must submit a written request for release on the ground that there is no significant likelihood that he will be removed in the reasonably foreseeable future, in accordance with Zadvydas v. Davis. (66 FR 44646, 8/24/01)
DOS Cable on Returns of Detainees
State Department advises posts of the U.S. Supreme Court decision, Zadvydas v. Davis. The State Department will exert all appropriate efforts to assist DOJ in returning detainees to the country of removal.
BIA Says CCA Provisions are Not Retroactive
The BIA held that INA 320, as amended by the Child Citizenship Act is not retroactive and does not apply to an individual who resided in the U.S. with his U.S. citizen parents as an LPR while under 18 but who was over 18 on the CCA effective date. (Matter of Rodriguez-Tejedor, 7/24/01)
Attorney General Memo on the Detention of Certain Aliens
DOJ notice of memorandum from the Attorney General to the Acting Commissioner of the INS addressing detention of certain aliens held under final orders of removal and directs the INS to take a number of actions in response to Zadvydas v. Davis. (66 FR 38433, 7/24/01)
Attorney General on Supreme Court's Detention Decision
Statement from the Attorney General reflects hostility to Supreme Court's decision in Zadvydas v. David.
Attorney General Memo on Post-Order Custody Review
A 7/19/01 memo from Attorney General's office to the INS Acting Commissioner addressing post-order custody review after Zadvydas v. Davis.
EOIR Press Release on Interim Rule for Certain NACARA Applicants
EOIR press release on interim rule to establish procedures for the filing and adjudication of motions to reopen deportation or removal proceedings of certain aliens who are newly eligible for special relief under NACARA as a result of VTVPA and LIFE Act Amendments.
EOIR Interim Rule with LIFE/NACARA Section 203 Regulations
Interim regulation for motions to reopen under LIFE by persons with reinstated final orders, or new final orders based on illegal reentry after removal or voluntary departure, to apply for suspension or special rule cancellation under NACARA section 203. (66 FR 37119, 7/17/01)
Summary of Supreme Court Cases from 2000 - 2001 Term
AILF's Legal Action Center has prepared a summary of all immigration decisions handed down by the Supreme Court in the 2000-2001 term.
BIA Says Matter of Puente Does Not Apply to CA5 Cases
The BIA held that a Texas conviction for felony DWI is not a crime of violence under 18 USC §16(b) for purposes of removability in cases arising in the U.S. Court of Appeals for the Fifth Circuit. Matter of Puente, will not be applied. (Matter of Olivares-Martinez, 7/3/01)
Supreme Court Strikes Down Indefinite Detention
In Zadvydas v. Davis, 99-7791 and Ashcroft v. Ma, 00-38, the Supreme Court holds that the INS cannot indefinitely detain individuals who have been ordered deported but cannot be removed in the foreseeable future. (Zadvydas v. Davis, 6/28/01)
Supreme Court Says Habeas Corpus Still Alive
The Supreme Court, in its St. Cyr and Calcano decisions, upholds the right of individuals to seek habeas review of final removal orders, even if the cases involve criminal convictions.
INS v. St. Cyr.
Supreme Court decision in the case of INS v. St. Cyr, 6/25/01.
Calcano-Martinez v. INS
Supreme Court decision in the case of Cacano-Martinez v. INS, 6/25/01.
INS Implements NACARA/HRIFA Provision of the LIFE Act
INS implemented the provisions of the LIFE Act that provides relief to persons previously not eligible for the Nicaraguan Adjustment and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA) because they had been removed and subsequently re-entered the U.S.
INS Notice on LIFE Late Legalization/Family Unity Regulations
INS notice on the LIFE one-year application period for adjustment of status of persons subject to any one of three late legalization lawsuits related to IRCA and implementing LIFE family unity provisions. Correction includes correct mailing address. (66 FR 45694, 8/29/01) (66 FR 29661, 6/1/01)
Expedited Removal to be Used Against TN Applicants
A 5/25/01 memo from Michael Pearson, Executive Associate Commissioner (INS) clarify procedures relating to the denial of applications for admission under the provisions of the North American Free Trade Agreement (NAFTA).
BIA on Mandatory Detention and "When Released"
The BIA held that an alien who is released from criminal custody after expiration of the Transition Period Custody Rules is subject to mandatory detention under INA §236(c), even if he is not immediately taken into custody by INS when released. (Matter of Rojas, 5/18/01)
Standards for INS to Join a Motion to Reopen
A 5/17/01 memo from Bo Cooper, General Counsel (INS) advising INS attorneys of changes in standards for when INS may concur in a motion to reopen for consideration of an adjustment of status application.
INS Memo on Motions to Reopen for Consideration of Adjustment of Status
A 5/17/01 memo from Bo Cooper, General Counsel (INS) on motions to reopen for consideration of adjustment of status.
BIA on Jurisdiction Over Cuban Refugee Adjustment Act Applications
The BIA held that the IJ has jurisdiction to adjudicate an application for adjustment of status under the Cuban Refugee Adjustment Act when the respondent is charged as an arriving alien without a valid visa or entry document in removal proceedings. (Matter of Artigas, 5/11/01)
BIA Says AZ Aggravated DUI Is Not a CIMT
The BIA held that under Arizona law, the offense of aggravated driving under the influence with two or more prior DUI convictions is not a crime involving moral turpitude. (Matter of Torres-Varela, 5/9/01)