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
Vote Recommendation: AILA Urges Senate to Vote NO on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to the Senate on 1/26/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
AILA Sends List of Demands to Congress Highlighting Measures to be Implemented before Voting for DHS Funding
AILA urges Congress to say NO to funding DHS until measures are implemented to check unlawful DHS policies that are leading to chaos, violence and death in American communities. AILA and coalition partners sent the following 10 demands for Congress to enact before it passes any funding for DHS.
CA1 Holds That Petitioner’s Convictions in Massachusetts for “Open and Gross Lewdness” Were Not Categorically CIMTs
The court held that the petitioner’s two convictions under Massachusetts law for “open and gross lewdness” were not categorically crimes involving moral turpitude (CIMTs) under INA §237(a)(2)(A), and thus granted the petition for review. (Tomar v. Bondi, 1/23/26)
EOIR Notice of FY26 Adjustment for Inflation for Fees Required by H.R. 1
EOIR notice announcing inflationary adjustments for Fiscal Year (FY) 2026 to immigration-related fees for filings with EOIR required by H.R. 1. The fees are effective 2/1/26 and must be included with filings postmarked on or after that date. (91 FR 2561, 1/21/26)
Vote Recommendation: AILA Urges NO Vote on FY2026 Homeland Security Appropriations Bill
AILA sent a vote recommendation to Congress on 1/21/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
BIA Holds That Written Frivolousness Warnings on Asylum Application Satisfy Statutory Notice Requirement
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)
CA9 Remands Asylum Claim of Honduran Domestic Violence Victim Due to Futility of Reporting
The court held that the record compelled the conclusion that the petitioner’s reporting of her beatings by her partner to Honduran authorities would have been futile, and thus granted the petition for review as to her asylum and withholding claims. (Guevara-Serrano, et al. v. Bondi, 1/20/26)
AILA Sends Letter to Congressional Leadership Urging Congress Demand Swift Action to Protect Individuals Impacted by the Iranian Crisis
AILA sent a letter to Congressional leadership urging Congress demand the Trump Administration take all possible government action to protect individuals currently affected by the ongoing unrest in Iran. The letter offers recommended government actions different agencies can undertake.
AILA Joins Sign-On Letter Urging Members of Congress to Oppose Increased DHS Funding and Demand Accountability in FY2026 DHS Appropriations
AILA joined an organizational sign-on letter led by the ACLU and other organizations calling on Members of Congress to oppose any increased funding to ICE and CBP through FY2026 appropriations and to demand increased accountability and oversight measures.
AILA Sends Letter to President Trump Urging Action to Protect Individuals Affected by the Iranian Crisis
AILA sent a letter to President Trump urging all government action be taken to protect individuals currently affected by the ongoing unrest in Iran. The letter offers multiple actions that government agencies should undertake to protect as many individuals as possible.
BIA Holds That Serious Nonpolitical Crime Bar Does Not Include Duress Exception
The BIA held that the serious nonpolitical crime bar to asylum and withholding of removal does not include a duress exception. Matter of D–G–B–L–, 29 I&N Dec. 392 (BIA 2026)
EOIR Announces New Deputy Chief Appellate Immigration Judges and Appellate Immigration Judge
EOIR announced the investiture of two Deputy Chief Appellate Immigration Judges, Stephanie E. Gorman and Gregory Radics, and Appellate Immigration Judge Renae M. Hansell on 1/15/26.
DHS Announces New Deputy Director of ICE
DHS Secretary Kristi Noem issued a statement announcing Charles Wall as the new Deputy Director of ICE. Previously, Mr. Wall served as ICE's Principal Legal Advisor and has been at ICE since 2012.
ABC News: DHS Announces Termination of Protected Status for Somalis After Group Targeted by Trump
DHS claims improved conditions in Somalia justify termination of TPS. AILA Senior Director of Government Relations Greg Chen responds, “That statement is really belied and contradicted by the facts on the ground ... the country continues to see terrorism, violent crime, and civil unrest.”
CA5 Holds That Denial of Affirmative Asylum to TPS Holders Is Not Final Agency Action
The court held that USCIS’s denial of affirmative asylum applications as to Temporary Protected Status (TPS) holders does not constitute final agency action under the APA, and affirmed the district courts’ dismissals of the plaintiffs’ APA lawsuits. (Sayegh de Kewayfati v. Bondi, 1/14/26)
AILA's Enforcement Tracker
AILA’s Enforcement Tracker gathers reports of immigration enforcement actions across the United States in one location.
Enforcement Tracker - Form
Use this form to report enforcement actions, including both arrests and worksite enforcement. Information will immediately be made available to AILA members on AILA’s Enforcement Tracker.
AILA and Council File Amicus Brief Opposing Trump Administration’s Mandatory Detention Policies
AILA and American Immigration Council’s amicus brief in Lopez-Campos v. Reycraft argues that unlawful mandatory detention policies subject long-term residents, abuse survivors, and others to abusive, coercive detention without a legitimate purpose. They are filing similar briefs in related cases.
BIA Holds That Death Threats Alone Rarely Constitute Persecution and Require Objective Credibility and Immediate Ability to Carry Out
The BIA held that death threats alone rarely rise to the level of persecution and only do so if they are objectively credible and issued by a person or persons with the immediate ability to carry them out. Matter of E–M–F–S–, et al., 29 I&N Dec. 379 (BIA 2026)
CA8 Upholds Asylum Denial as to Guatemalan Domestic Violence Survivor Based on Lack of Nexus
The court held that the Guatemalan petitioner, who alleged domestic abuse by her former partner, failed to establish a nexus between the abuse and a protected ground, and did not show a likelihood of torture with government acquiescence. (Aguilar-Hernandez, et al. v. Bondi, 1/6/26)
CA11 Upholds Denial of CAT Relief to Colombian Petitioner Alleging Harm by FARC
The court held that substantial evidence supported the denial of Convention Against Torture (CAT) relief and that the BIA did not err in rejecting the petitioner’s ineffective assistance of counsel claim pursuant to Matter of Lozada. (Gutierrez-Mikan, et al. v. Att’y Gen., 1/5/26)
EOIR Policy Memorandum (PM 26-01) on the Annual Asylum Fee
EOIR Director issued Policy Memorandum 26-01 on the annual asylum fee. EOIR will waive the fee for asylum applications that were pending for one year or more 4/5/25-9/30/25 and administratively final as of 9/30/25. EOIR will apply the fee to applications pending for one year or more as of 10/1/25.
Enforcement Tracker - Feedback Form
Use this form to update an item that was previously submitted to AILA’s Enforcement Tracker or to provide feedback, report inaccurate information, or request further information as a member of AILA chapter leadership in relation to the Enforcement Tracker.
BIA Finds IJ Erred in Continuing Proceedings Where Respondent Failed to Appear After Proper Notice and Where DHS Established Removability
The BIA held that where the respondent did not appear at a hearing, was properly served with notice, and DHS provided evidence of their removability, the IJ erred in continuing proceedings rather than entering an in absentia removal order. Matter of Laurent Castro, 29 I&N Dec. 419 (BIA 2026)
CA1 Upholds Asylum Denial as to Guatemalan Petitioners Who Were Targeted for Extortion
The court held that substantial evidence supported the denial of asylum and related relief, finding that the Guatemalan petitioners were targeted for criminal extortion rather than a protected ground and could reasonably relocate within Guatemala. (Ramos-Hernandez, et al. v. Bondi, 12/22/25)