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 Final Rule on Law Students and Law Graduates Representing Individuals
EOIR final rule revising regulations governing the supervision and compensation of law students and law graduates appearing before EOIR, including the BIA and Immigration Courts. (62 FR 23634, 5/1/97)
DOS Cable on Removal and Inadmissibility
Cable number 20 in the series providing information on the Immigration Provisions, of PL 104-208. The following cable discusses the periods of unlawful presence giving rise to the three and ten year bars as well as the impact of the new expedited removal procedures on consular processing.
EOIR Memo on Maintaining the List of Free Legal Services Providers
EOIR OPPM 97-1 was issued by the Office of the Chief Immigration Judge, setting out new procedures for updating and notifying the public of the list of persons willing to represent noncitizens in immigration court on a pro bono basis, as well as procedures for applying to be included on the list.
INS Memo on Expedited Removal
A 3/31/97, memorandum from INS Deputy Commissioner Chris Sale setting forth additional instructions relating to implementation of general expedited removal procedures contained in Chapter 17.15 of the Inspector's Field Manual and IIRAIRA training materials.
GAO on Detention and Removal of Aliens
GAO report to Congress on INS regulations, "Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures."
AG on Retroactivity of AEDPA §440(d)
The AG held that the bar to 212(c) relief applies to all applications pending on 4/24/96 but that aliens who conceded deportability in reliance on the availability of 212(c) relief before 4/24/96 may seek to reopen proceedings.(Matter of Soriano, 6/27/96; AG 3/21/97).
Memo on Instruction for Suspension Seekers
A 3/13/97 memo from INS Acting Associate Commissioner, J. Scott Blackman regarding the new provisions for removal proceedings under IIRAIRA.
INS Interim Rule on Expedited Removal
INS interim rule implementing provisions of IIRIRA governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, detention, hearing of claims, and ultimately the removal of inadmissible and deportable aliens. (62 FR 10311, 3/6/97)
BIA on IIRIRA §309(c)(5) Transition Rule
Over dissent, the BIA held that where the respondent was served with an OSC before date of IIRIRA’s enactment, service of the OSC terminated continuous physical presence rendering her ineligible for suspension under the transition rule. (Matter of N-J-B, 2/20/97; vacated by AG 7/10/97).
BIA Says 212(c) Is Available to Those in Exclusion Proceedings
In an unpublished decision, the BIA held that under the plain language of AEDPA, applicants in exclusion proceedings can apply for relief from deportation under former INA section 212(c). (Matter of Oba, 2/7/97)
EOIR Memo on Whether Mandatory Detention Apply to Aggravated Felon
Memorandum from EOIR on whether the mandatory detention provisions of IIRAIRA's Transition Period Custody Rules (TPCR) apply to MM, an alien now defined as an aggravated felon due to a sole 1985 conviction for alien smuggling.
INS Proposed Rule on Expedited Removal
INS rule proposes to amend INS and EOIR regulations governing the conduct of both expedited and regular removal proceedings, and handling of asylum claims. Comments due by 2/3/97. (62 FR 444, 1/3/97)
IIRAIRA Sentencing Guidlines
This amendment implements section 203 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 203 directs the Commission to amend the guidelines for offenses related to smuggling, transporting, or harboring illegal aliens. (62 FR 152, 1/2/97)
EOIR Memo on Notices of Immigration Judge Hearings
EOIR interim operating policy and procedure memorandum 97-2 on procedures for mailing notices of Immigration Judge hearings for in-person hearings, as well as no-detained and detained cases. Also includes procedures for rescheduled or continued hearings.
EOIR Memo on Procedures for Credible Fear and Claimed Status Review
EOIR interim operating policy and procedure memorandum 97-3 on procedures for credible fear and claimed status reviews.
EOIR Memo on Facsimile Machine Policy
EOIR memorandum 97-5 from Michael Creppy on facsimile machine usage, stating that unless expressly stated in an Operating Policy and Procedure Memorandum, no case-related legal documents may be filed or received in the Immigration Court through fax transmission, except for DOS opinions.
EOIR Memo with Procedures for Identifying Potential Battered Spouse/Battered Child Cases
EOIR memorandum 97-7 includes procedures for identifying potential battered spouse and children cases and is designed to prevent violations of both the statutory provision and the regulations by establishing procedures for identifying and processing these types of cases.
EOIR Memo on Naturalization Oath Ceremonies
EOIR memorandum 97-8 on naturalization oath ceremonies, as immigration judges are among the officials authorized to administer the naturalization oath to new citizens in administrative naturalization ceremonies.
EOIR Memo on Determination and Verification Requests for Battered Spouses and Children
EOIR memorandum 97-9 on requests from battered spouses and children, including verification of approved applications for suspension of deportation under section 244(a)(3) and motions for prima facie determination granting an application for suspension of deportation or cancellation of removal.
BIA on Post-AEDPA Aggravated Felony as a Particularly Serious Crime
In evaluating an aggravated felony, the standard is whether there is any unusual aspect of the conviction that convincingly evidences that the crime cannot rationally be deemed "particularly serious" in light of Protocol obligations. (Matter of Q-T-M-T-, 12/23/96).
Removal under IIRAIRA
Q&As prepared by AILA regarding removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
Summary Exclusion Under IIRAIRA
Q&As prepared by AILA regarding the summary exclusion and expedited removal provisions in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).
BIA Dismisses Appeal of 212(h) Waiver in Light of IIRIRA
The BIA dismissed the appeal, noting that the respondent was clearly ineligible for a waiver under INA §212(h) as amended by IIRIRA, which was effective as of 9/30/96 and applies to aliens who were in proceedings as of that date. (Matter of Yeung, 11/27/96)
EOIR Final Rule on Expansion of BIA
EOIR final rule expanding the BIA to 15 permanent members, including 14 Board members and a Chairman. Final rule effective 11/22/96. (61 FR 54305, 11/22/96)
Supreme Court Supports INS Discretion for Waivers
The Court discusses INS’ discretion in granting waivers under section 1251(a)(1)(H) involving acts of fraud, further defining the role of settled INS policy on discretionary waiver determinations. (INS v. Yang. 11/13/96)