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 Says CA Possession of a Firearm by a Felon Is Not an Aggravated Felony
The BIA held that possession of a firearm by a felon in violation of §12021(a)(1) of the California Penal Code is not an aggravated felony under INA §101(a)(43)(E) because it is not an offense “described in” 18 USC §922(g)(1). (Matter of Vasquez-Muniz, 12/1/00)
INS Proposed Repapering Regulation
INS proposed rule to enable termination of deportation, and institution of removal proceedings for persons without final administrative orders who are ineligible for relief under deportation proceedings but eligible for relief under removal. (65 FR 71273, 11/30/00)
Supreme Court to Hear Judicial Review and 212(c) Cases
Supreme Court to hear two cases on the right to judicial review of removal orders and whether AEDPA and IIRAIRA eliminated eligibility for 212(c) relief retroactively.
INS Memo on Exercising Prosecutorial Discretion
A 11/17/00 memo from Doris Meissner, Commissioner (INS) outlining considerations and procedures for the exercise of prosecutorial discretion in all stages of the enforcement process.
EOIR/AILA Liaison Questions and Answers (11/8/00)
EOIR's answers to AILA Liaison questions from the 11/8/00 meeting. Topics include I-130 visa petition backlogs at INS, new professional conduct regulations, proposal to permit electronic filings, pro bono coordinator activities, televideo merit hearings, and obtaining cassette tapes from hearings.
TV Documentary Highlights Violations of American Principles Against Immigrants
AILA press release on the "American Dream, American Nightmare," a TV documentary that highlights the stories of four legal permanent residents threatened with deportation for minor offenses committee years ago.
BIA on AEDPA 440(d) in the Second Circuit
The BIA held that pursuant to Henderson v. INS, a respondent in the 2nd Circuit whose proceedings were pending on 4/24/96 is not subject to the changes made to §212(c) by AEDPA §440(d). (Matter of Davis, 11/2/00)
Summary of VAWA II Immigration Fixes
Summary of the changes resulting from the passage of the Violence Against Women Act of 2000 (P.L. 106-386).
BIA on Mandatory Custody and Transitional Rules
The BIA held that INA §236(c) does not apply to an alien who was convicted after expiration of the Transition Period Custody Rules, but who was released prior to the expiration of the rules, and who was not confined or restrained as a result of that conviction. (Matter of West, 10/26/00)
BIA Finds Attempted Possession of Stolen Property Is an Aggravated Felony
The BIA held that the respondent’s conviction for attempted possession of stolen property is an aggravated felony theft offense under INA §§101(a)(43)(G) and (U). (Matter of Bahta, 10/4/00)
ICE Detention Operations Manual (2000)
ICE Detention Operations Manual, issued in September 2000, providing standards for detainee services, health care, security, and other conditions of confinement at immigration detention facilities.
INS Q&As on Deferred Enforced Departure for Liberians
INA provides Q&As on deferred enforced departure for Liberians, which grants certain, qualified Liberian citizens and nationals protection from removal from the United States until 9/29/01.
INS News Release on Deferred Enforced Departure for Liberians
INS announced it will defer for one year the removal of certain qualified Liberians present in the United States. Under DED, approximately 10,000 Liberians as of 9/29/00, will be protected from removal for one year and will be eligible to receive employment authorization in the United States.
Amicus Brief in Andreiu v Reno
Motion and accompanying amicus brief filed by AILF and AILA in support of Motion for Rehearing in Andreiu v. Reno (9th Cir), a recent case interpreting INA §242(f)(2) as imposing a very high standard for obtaining a stay of removal pending judicial review.
BIA on Effect of New York Vacatur on Conviction for Immigration Purposes
The BIA held that a conviction that has been vacated under Article 440 of New York Criminal Procedure Law is no longer a conviction for immigration purposes within the meaning of INA §101(a)(48)(A). (Matter of Rodriguez-Ruiz, 9/22/00)
Immigration Advocates Continue to Press to Fix Harsh 1996 Laws
AILA press release on H.R. 5062, which recognized the harshness and over breadth of the 1996 immigration laws, stating “The unanimous passage of this bipartisan legislation in the House sends an important message that this year we can and should restore fairness to our immigration laws.”
Amicus Brief Filed in U.S. v. Pacheco
AILA, National Immigration Project, and N.Y. State Defenders Association amicus brief in U.S. v. Pacheco, in which district court held that “aggravated felony” can include certain misdemeanors.
EOIR Memo on Attorney Discipline
EOIR memorandum 00-02 on attorney discipline. Memo reflects new process and significant differences as a result of the revised attorney discipline procedure as of 7/27/00. Memo includes instructions on filing complaints, hearings, and IJ decisions.
BIA on Impact of Resentencing on Youthful Offenders in New York
The BIA held that under New York Law, the resentencing of a youthful offender following a violation of probation does not convert the youthful offender adjudication into a judgment of conviction. (Matter of Devison-Charles, 9/12/00)
BIA Reissues Devison-Charles Opinion in Light of INS Motion
The BIA reissued its opinion to include a decision on an INS motion to reconsider. Prior Holding: Under New York Law, the resentencing of a youthful offender following a violation of probation does not convert the adjudication into a conviction. (Matter of Devison-Charles, 9/12/00)
VAWA Unit Authorized to Extend Deferred Action
A 9/8/00 memo from Michael Cronin, Acting Executive Associate Commissioner (INS), authorizing the VAWA unit at VSC to extend deferred action for battered spouses and children with approved self-petitions, and suspends the maximum validity times outlined in an earlier memo.
ICE’s Detention Operations Manual (2000)
A 2000 version of ICE’s Detention Operations Manual.
Comments on 212(c) Regulations
AILA, AILF, and 8 other organizations commented on the EOIR's proposal to partially restore section 212(c) relief, suggesting revisions necessary to achieve greater substantive and procedural fairness for those who should benefit from this regulation.
AILA, AILF, and Others Comment on 212(c) Regulations
AILA, AILF, and 36 other organizations commented on EOIR's proposed regulation for restoring 212(c) relief. The comments point out the significant ways in which the proposed regulation fails to ameliorate the harm caused by Matter of Soriano.
INS Moratorium on Soriano-Type Deportations
INS instructs the field not to deport persons whose proceedings commenced before 4/24/96, were eligible for or were denied on Soriano grounds a 212(c) waiver, are eligible for 212(c) relief under pre-AEDPA law and who have not been physically deported.