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
AILA Applauds Congress for Passing Historic Budget Resolution that Includes Legalization Programs for Dreamers, TPS Holders, Essential Workers, and Ot
AILA issued a statement in response to yesterday’s passage by the House of Representatives of a budget resolution that includes over $100 billion to support legalization programs for Dreamers, TPS recipients, essential workers, and other eligible immigrants.
Removal Defense Section
The AILA Removal Defense Section is a community of AILA members interested in furthering the practice of removal defense and dedicated to providing effective advocacy on behalf of their clients. It provides a forum for practitioners to ask questions, share information, and discuss strategy.
CA11 Upholds Denial of Asylum to Member of Tamil Minority Who Was Arrested and Detained by Sri Lankan Army
The court held that substantial evidence supported the IJ’s and BIA’s conclusion that the harms the Sri Lankan petitioner suffered—including being detained three times, tied to a chair, slapped, and kicked—did not rise to the extreme level of persecution. (Murugan v. Att’y Gen., 8/24/21)
Supreme Court Allows “Remain in Mexico” Policy to Be Reinstated
The Supreme Court denied the application for a stay and thus preventing the Biden administration’s effort to halt the reminstatement of “Remain in Mexico.” (Biden, et al. v. Texas, et al., 8/24/21)
CA9 Upholds Asylum Denial After Supreme Court Rejected “Deemed-True-or-Credible Rule” as Irreconcilable with INA
On remand from the U.S. Supreme Court, the court concluded that any fair reading of the BIA’s decisions in the case indicated that it did not find the petitioner’s case to be persuasive, and thus that its findings of fact and conclusions were demonstrably reasonable. (Dai v. Garland, 8/20/21)
CA9 Remands for Reconsideration of Mexican Petitioner’s Proposed PSG of “Female Nurses”
Granting the petition for review, the court held that the BIA’s rejection of the Mexican petitioner’s proposed particular social group (PSG) of “female nurses” on the ground that nursing is not an immutable characteristic was unreasonable. (Plancarte Sauceda v. Garland, 8/20/21)
USCIS and EOIR Notice of Proposed Rulemaking on Consideration of Protection Claims by Asylum Officers and Credible Fear Screening
USCIS/EOIR notice of proposed rulemaking under which, among other changes, claims for asylum, statutory withholding of removal, and CAT protection raised by those subject to expedited removal and found to have credible fear would be initially adjudicated by an asylum officer. (86 FR 46906, 8/20/21)
District Court Issues Stay on Decision Blocking Biden’s Enforcement Priorities Memos
On 8/19/21, a federal judge enjoined the implementation Biden’s enforcement priorities memos. On 8/23/21, Judge Tipton stayed his decision until 8/30/21.
Federal Judge Blocks ICE Enforcement Guidelines and Attempts to Upend Prosecutorial Discretion
AILA and the American Immigration Council respond to the decision issued by a federal judge in Texas blocking the Biden administration's immigration enforcement priorities.
CA2 Upholds Adverse Credibility Determination as to Asylum Applicant Allegedly on Government Blacklist in China
The court held that substantial evidence supported the BIA’s adverse credibility determination as to the petitioner, finding that his failure to disclose until cross-examination his alleged inclusion on a government blacklist in China undermined his credibility. (Liang v. Garland, 8/19/21)
CA11 Concludes That Petitioner’s Federal Conviction for Making False Statements in an Immigration Application Was an Aggravated Felony
The court denied the petition for review, holding that because petitioner was convicted of a violation of 18 USC §1546(a) and his sentence was greater than one year, his conviction expressly fell under the definition of aggravated felony in INA §101(a)(43)(P). (Germain v. Att'y Gen., 8/18/21)
CA9 Says Vehicle Theft Under California Vehicle Code §10851(a) Is Not an Aggravated Felony
Granting in part the petition for review, the court held that vehicle theft under California Vehicle Code §10851(a) is indivisible in its treatment of accessories after the fact, and thus is not an aggravated felony theft offense under INA §101(a)(43)(G). (Lopez-Marroquin v. Garland, 8/18/21)
CA9 Holds That Petitioner Did Not Suffer Past Persecution in India After Considering Non-Exhaustive List of Factors
The court held that the record did not compel the conclusion that the petitioner suffered hardship in India that rose to the level of past persecution, where he did not experience significant physical harm and his harm was an isolated event, among other factors. (Sharma v. Garland, 8/17/21)
AILA Joins the American Immigration Council in Calling on the Biden Administration to Block the Return of MPP
AILA, the American Immigration Council, and other organizations call on the Biden administration to appeal the erroneous and factually incorrect decision issued by a federal judge in Texas that ordered DHS to “enforce and implement MPP in good faith” for an indefinite period of time.
DHS Announces Alternatives to Detention Case Management Pilot Program
DHS announced a new Alternatives to Detention Case Management Pilot Program, meant to ensure that noncitizens have access to legal information and other services. The pilot will supplement existing ICE Alternatives to Detention programs. Applications to serve on the program’s board are due 9/17/21.
DHS Releases Statement on Safety and Immigration Enforcement During Tropical Storm Fred
DHS announced it is monitoring Tropical Storm Fred and “absent extraordinary circumstances, immigration enforcement will not be conducted at locations where disaster and emergency relief related to this storm is being provided.”
CA9 Says Failure to Notify Petitioner That Alleged False Claim of Citizenship Would Be at Issue During Hearing Violated Due Process
The court held that the IJ failed to put the petitioner on notice that his alleged false claim of U.S. citizenship would be at issue during his hearing, and that such failure violated due process by denying him a full and fair hearing. (Flores-Rodriguez v. Garland, 8/16/21)
AILA President Allen Orr Responds to Federal Judge Decision to Reinstate “Remain in Mexico” Asylum Policy
AILA President Allen Orr shared a statement in response to the nationwide injunction issued on August 13, 2021, directing the Biden administration to reinstate the Migrant Protection Protocols, commonly known as “Remain in Mexico.”
CA5 Finds BIA Did Not Err by Declining to Construe Petitioner’s Motion to Reconsider as a Motion to Reopen
Where the petitioner alleged that the U.S. Supreme Court’s decision in Sessions v. Dimaya made his removal unlawful, the court held that the BIA did not err by construing his motion as a motion to reconsider nor by denying it as time barred. (Gonzalez Hernandez v. Garland, 8/13/21)
CA8 Upholds Denial of Deferral of Removal Under the CAT to Somalian Petitioner
Where BIA had reversed the IJ’s findings that petitioner would more likely than not be tortured in Somalia, the court found that BIA applied the correct legal standard to the Convention Against Torture (CAT) claim and did not engage in impermissible fact finding. (Mohamed v. Garland, 8/13/21)
CRCL Issues Recommendations to CBP Concerning COVID and Title 42
CRCL provided policy recommendations to CBP on the handling of undocumented individuals subject to expulsion under Title 42, specifically around medical care and humanitarian protections. CRCL advised that CBP assign case numbers to individuals, consider emergent medical conditions, and more.
CRS Releases Report on State and Local Immigration Enforcement via the 287 Program
CRS provided an In Focus report on increased participation in Section 287(g) of the INA under the Trump administration, the current S287(g) models and oversight, racial profiling as a result of the program, and lawmaker interest in amending or abolishing the program.
CA9 Holds That INA §212 Applies for Cancellation of Removal Purposes to Petitioner Who Legally Entered the United States
The court upheld BIA’s determination that petitioner was ineligible for cancellation of removal under INA §240A(b)(1)(C) due to his conviction for an offense described in INA §212(a)(2), even though he had been previously admitted into the United States. (Sanchez-Ruano v. Garland, 8/11/21)
BIA Dismissed Appeal After Finding NACARA Grant Bars Applicant from Applying for Cancellation
The BIA dismissed the appeal after concluding that the respondent’s prior receipt of special rule cancellation of removal under the NACARA bars her from applying for cancellation of removal. Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021)
ICE Releases Updated Guidance Regarding Civil Immigration Enforcement Actions Involving Noncitizen Crime Victims
ICE released ICE Directive 11005.3, Using a Victim-Centered Approach with Noncitizen Crime Victims, with guidance on how it will handle civil immigration enforcement actions involving noncitizen crime victims.