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
DHS Provides Samples of "Operation Horizon" NTAs
DHS provided information on “Operation Horizon,” which is designed to place 78,000 individuals into removal proceedings, who originally only received Notices to Report (NTRs). NTAs are being mailed to addresses provided by immigrants at the time of entry.
BIA Invites Amicus on Whether Aggravated Felonies are Particularly Serious Crimes
The BIA invited amicus briefs on whether all aggravated felonies under INA §101(a)(43), per se come within the ambit of a particularly serious crime, such that it is unnecessary to examine the elements of the relevant aggravated felony offense. Briefs are due by 11/30/21.
CA9 Says There Is No Colorable Constitutional Claim Exception to Statutory Limits on Judicial Review of Expedited Removal Orders
The court found it lacked jurisdiction to review petitioner’s challenge to his expedited removal proceedings, concluding that a recent Supreme Court decision abrogated any colorable constitutional claim exception to INA §242(a)(2)(A). (Guerrier v. Garland, 8/16/21, amended 11/9/21)
CA5 Holds That BIA Erred by Treating Petitioner’s Adverse Credibility Determination as Dispositive of His CAT Claim
The court found that the BIA erred by refusing to consider the Sri Lankan petitioner’s country-conditions evidence in its likelihood-of-torture assessment with regard to his Convention Against Torture (CAT) claim, as required by 8 CFR §1208.16(c)(3). (Arulnanthy v. Garland, 11/8/21)
EOIR Provides Updated Guidance on its Response to COVID-19
EOIR released guidance stating that its website will be the primary method of communication with the public regarding updates to EOIR’s protocols during the COVID-19 pandemic and will no longer issue these formal documents. Guidance is effective 11/8/21.
ICE Releases Health Service Corps Annual Report for FY2020
ICE released their first Health Service Corps FY2020 annual report on the health care of those in ICE custody. The report highlights the facilities where IHSC staff operate, IHSC COVID-19 guidance, IHSC budget, vacancies in staffing, IHSC leadership, costs by diagnosis, and more.
AILA and Partners Call on ICE to Ensure Due Process in Operation Horizon
AILA, the American Immigration Council, and partner organizations sent a letter to ICE regarding "Operation Horizon"— its plan to mail Notices to Appear (NTA) to individuals released from the border.
EOIR Rescinds and Cancels PM 21-08 and Provides Guidelines for Pro Bono Legal Services
EOIR rescinded PM 21-08, stating that pro bono legal services should be facilitated as much as practicable in court. The memo states that courts should create pro bono committees and that Immigration Judges are encouraged to be flexible, especially in scheduling, with pro bono representatives.
CA4 Holds That Conviction in Virginia for Felony Eluding Is a CIMT
The court concluded that the definition of crime involving moral turpitude (CIMT) does not violate the U.S. Constitution, and that Virginia’s felony eluding statute, Va. Code §46.2-817(B), constitutes a CIMT. (Canales Granados v. Garland, 11/4/21)
BIA Remands for Further Consideration of Eligibility for Voluntary Departure After Deficient NTA
The BIA remanded for evaluation of whether respondent statutorily eligible for voluntary departure after finding that a deficient NTA does not preclude the respondent from establishing the requisite period of continuous physical presence. Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021)
CRS Releases Report on Legality of DACA and Recent Litigation Developments
CRS released a report on the status of DACA, especially as it relates to Texas II. The report states that Congress has full authority over the future of DACA, either through termination, by giving DHS power to implement DACA, or by statutory relief to DACA recipients.
DHS Releases Privacy Impact Assessment for ICE Pilot on Use of Body Worn Cameras
DHS published a Privacy Impact Assessment to evaluate the privacy risks of Body Worn Camera technology, and to address issues related to information collection from camera usage. The Body Worn Camera Pilot was mandated by Congress and is intended to improve policing practices.
CA9 Says Stop-Time Rule Is Not Triggered by Final Order of Removal
The court held that the stop-time rule—which sets out the circumstances under which a period of continuous physical presence is deemed to end for cancellation of removal—is not triggered by a final order of removal. (Quebrado Cantor v. Garland, 11/3/21)
CA1 Says It Lacks Jurisdiction over Petitioner’s PSG Claim Because He Failed to Exhaust Administrative Remedies
The court held that it lacked jurisdiction to consider the petitioner’s claim that the BIA erred by rejecting his proposed particular social group (PSG) of “Brazilian landowners,” finding that the petitioner had failed to exhaust his administrative remedies. (Gomes v. Garland, 11/3/21)
TRAC Data Finds ICE Now Monitors Record High Numbers of Immigrants on "Alternatives to Detention" Program
According to new data available through TRAC, ICE is now monitoring more than 136,000 immigrants on "Alternatives to Detention" (ATD) programs. ICE is now using SmartLink to monitor the bulk of immigrants enrolled in these programs.
Plaintiffs Subjected to “Remain in Mexico” Policy File Emergency Order Requesting Permission to Enter United States
Six asylum seekers with final removal orders who were previously subjected to the Migrant Protection Protocols (MPP) filed a request for a temporary restraining order to allow them to return to the United States. (Immigrant Defenders Law Center, et al. v. Mayorkas, et al., 11/2/21)
CA1 Upholds BIA’s Affirmance of IJ’s Adverse Credibility Determination Where There Were Numerous Inconsistencies in Petitioner’s Testimony
The court upheld the denial of asylum to the petitioner, holding that substantial evidence supported the IJ’s and BIA’s adverse credibility determination because inconsistencies in petitioner's testimony were cumulatively persuasive of a lack of credibility. (Mashilingi v. Garland, 11/2/21)
CA6 Remands Domestic Violence Asylum Case for Consideration in Light of Vacatur of Matter of A-B- I
The court vacated the BIA’s decision and remanded the case with the direction to consider whether groups pertaining to domestic violence are cognizable particular social groups in light of the vacatur of Matter of A-B- I. (Zometa-Orellana v. Garland, 11/2/21)
CA9 Finds IJ’s Denial of Continuance of Petitioner’s Merits Hearing Violated His Right to Counsel
Applying a fact-based inquiry, the court held that the IJ’s refusal to grant a continuance of the petitioner’s merits hearing deprived him of his right to counsel, and thus granted the petition for review. (Usubakunov v. Garland, 11/1/21)
DHS OIG Releases Report Assessing Medical Vacancies in ICE Detention Facilities
DHS OIG evaluated the causes and impacts of medical vacancies at ICE facilities. DHS found that vacancies may increase the risk of inadequate care, but that circumstances of COVID-19 limit the assessment of all costs and effects. DHS made five recommendations and ICE concurred.
Attorney General Garland Announces Restoration of Standalone Office for Access to Justice
Attorney General Garland announced the restoration of a standalone Office for Access to Justice, as part of a phased strategic plan to expand community access to justice.
AILA and Partners Send Letter to Biden Administration on Access to Counsel and Legal Representation
AILA and partners sent a letter to the Biden administration highlighting the host of obstacles to attorney access that exist in immigration detention facilities nationwide and make recommendations on ways to eliminate the barriers.
CA7 Upholds BIA’s Conclusion That Petitioner Did Not Face a Substantial Risk of Torture as a Recent Deportee
Upholding the denial of Convention Against Torture (CAT) relief, the court found that the BIA correctly held that the IJ did not make any factual or legal error in finding that the petitioner did not face a substantial risk of torture as a recent deportee. (Mabuneza v. Garland, 10/28/21)
EOIR/ICE Joint Liaison Committee Fall Meeting with ICE ERO and OPLA
AILA’s EOIR/ICE Joint Liaison Committee provides final questions and answers from its October 28, 2021, engagement with ICE ERO and OPLA. Topics include current detention policies, ICE/ERO check-ins, guidance from OPLA on prosecutorial discretion, and delayed filing of Notices to Appear.
ICE Releases Updated COVID-19 ICE Detainee Statistics
ICE provided updated statistics on COVID-19 in ICE detainees, by facility. As of November 16, 2021, there are 355 positive cases currently in custody among a total detainee population of 24,445.