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
CA1 Upholds Denial of Asylum to Petitioner with Proposed Social Group of “Guatemalan Women”
Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20)
TRAC Finds Jump in Immigration Court Case Completion Times as Delays Lengthen
TRAC found that immigration court closures and delays have drastically reduced the number of completed cases for the first two months of FY2021, during which courts received 29,758 new filings. The active backlog at the end of November 2020 reached 1,281,586, up 18,821 cases in the last two months.
CBP Provides FY2021 Custody and Transfer Statistics
CBP provided custody and transfer statistics from FY2021, including data on in-custody information by location, dispositions for apprehended individuals and those considered inadmissible, and transfer destinations for individuals leaving CBP custody.
CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity
The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20)
AILA and Partners Submit Comments on DHS Proposed Rule to Eliminate Employment Authorization for Individuals with a Final Order of Removal
AILA and partners submitted comments objecting to a DHS proposed rule which would restrict or prohibit work authorization for individuals with final orders of removal, arguing that the proposed rule conflicts with statutory provisions of the INA and disrupts settled practices and expectations.
AILA and the Council Submit Comments on EOIR’s Notice of Proposed Rulemaking to Define “Good Cause”
AILA and the Council submitted comments opposing EOIR’s NPRM to define “good cause” for a continuance, arguing that it strips respondents of right to counsel, removes key procedural protections for immigrants, and removes authority from immigration judges to manage their dockets.
CA3 Holds That Conspiracy to Commit Fraud of Over $10,000 in Intended Losses Is an Aggravated Felony
The court held that a conspiracy or attempt to commit fraud or deceit involving over $10,000 in intended losses is an aggravated felony, and remanded to determine whether petitioner’s convictions under 18 USC §1037(a) reflected over $10,000 in intended losses. (Rad v. Att’y Gen., 12/21/20)
EOIR Issues Memo Updating Policy Regarding Biennial Fee Reviews, Fees, and Fee Waivers
EOIR issued a policy memorandum (PM 21-10) memorializing and updating EOIR policy regarding biennial fee reviews, fees, and fee waivers. This memo supersedes and replaces Operating Policies and Procedures Memoranda (OPPM) 06-01, Fee Waiver Form.
EOIR Announces 14 New Immigration Judges
EOIR announced the investiture of 14 new immigration judges. Notice includes the judges' names, biographical information, and courts of appointment.
TRAC Finds Major Swings in Immigration Criminal Prosecutions During Trump Administration
TRAC found that enforcement policies enacted by the Trump administration along the southern border contributed to notable fluctuations in the number of immigration-related prosecutions in federal courts since January 2017. Prosecutions climbed sharply in early 2018, and then declined in early 2020.
CA1 Upholds Denial of Withholding of Removal to Honduran Landowner Who Was Threatened by Unidentified Man
The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner, finding he had failed to prove a nexus between the alleged persecution and membership in his proposed particular social group of “Honduran landowners.” (Marquez-Paz v. Barr, 12/18/20)
EOIR Final Rule Increasing Fees for Filings
EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The rule is effective 1/19/21. (85 FR 82750, 12/18/20)
DHS OIG Finds Multiple Violations of ICE Detention Standards at the Imperial Regional Detention Facility in California
DHS OIG inspected the Imperial Regional Detention Facility (IRDF) in Calexico and found violations of ICE detention standards for segregation, facility condition, medical grievances, and detainee communication. Per DHS OIG, these violations threaten the health, safety, and rights of IRDF detainees.
CA11 Says Conviction in Florida for Vehicular Homicide Is Categorically a CIMT
The court held that vehicular homicide in Florida is a crime involving moral turpitude (CIMT), and thus upheld the BIA’s determination that the petitioner was removable for having been convicted of two or more CIMTs pursuant to INA §237(a)(2)(A)(ii). (Smith v. Att’y Gen., 12/18/20)
A “Wish List” on Immigration
The Lady Immigration Lawyers of Minnesota celebrated the season with their own rendition of “All I Want for Christmas is You“ this year and shared some of their wishes in this blog post for Think Immigration.
BIA Rules on Expert Testimony and Factual Findings
The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s opinion, judges should explain the reasons behind the factual findings. Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)
DHS and DOJ Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection
DHS and DOJ final rule which finalizes, with minor changes, the Interim Final Rule published at 84 FR 33829 on 7/16/19, which barred from asylum eligibility individuals who transit through a third country without seeking protection. The rule is effective 1/19/21. (85 FR 82260, 12/17/20)
CA7 Rejects Petitioner’s Argument That BIA Should Have Found His Statutory Motion to Reconsider to Be Timely
The court found that the petitioner had failed to exhaust his administrative remedies before the BIA for his argument that his 2019 motion to reconsider was timely because it related back to his still-pending 2004 motion to reconsider. (Hernandez-Alvarez v. Barr, 12/16/20)
EOIR Final Rule on Procedures for Asylum and Withholding of Removal
EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 59692 on 9/23/20 with few changes. The rule is effective 1/15/21. (85 FR 81698, 12/16/20)
EOIR Final Rule on Appellate Procedures and Administrative Closure
EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The rule is effective 1/15/21. (85 FR 81588, 12/16/20)
CA10 Says BIA’s Finding That Petitioner Could Safely Relocate Within Ghana Was Not Supported by Substantial Evidence
The court held that the government had failed to rebut the presumption that the petitioner, a son of the chief of the Challa tribe who had received death threats from members of the rival Atwode tribe, had a well-founded fear of future persecution in Ghana. (Addo v. Barr, 12/14/20)
AILA and Partners Send Letter Requesting Legislation to Create an Article l Immigration Court
Nearly 120 organizations, including AILA, sent a letter urging Rep. Lofgren (D-CA) to introduce legislation creating an Article l immigration court before the end of the 116th Congress or the beginning of the 117th Congress.
EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection
EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims.
AILA DOS Liaison Q&As (12/11/20)
Official AILA/DOS liaison Q&As from a 12/11/20 meeting. Topics include: visa fee payments, reason to believe determinations, the visa bulletin, Hong Kong normalization, NIEs under PP 10014, 10052, and the COVID-19 related travel restrictions, resumption of routine visa services, SAOs, and more.
CA11 Finds “Egregious Circumstances” Exception Did Not Apply to Release Petitioner from Her Attorney’s Concession of Removability
The court held that petitioner was bound by her attorney’s concession of removability because it was not obviously incorrect and because it was not a product of her attorney’s unreasonable professional judgment or so unfair that it led to an unjust result. (Dos Santos v. Att’y Gen., 12/11/20)