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 Submits Amicus Brief on the Authority of Immigration Judges and the BIA to Administratively Close Removal Proceedings
AILA submitted an amicus brief in Santiago-Ramirez v. Barr arguing that the AG’s decision in Matter of Castro-Tum stripping IJs and the BIA of their authority to administratively close removal proceedings creates inefficiencies and results that undermine congressional intent.
USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-821D
USCIS 60-day notice and request for comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are due 1/12/21. (85 FR 72682, 11/13/20)
BIA Rules It Is Inappropriate for the Board to Use Discretion to Reopen and Vacate an IJ’s Frivolousness Finding
The BIA ruled that absent ineffective assistance of counsel, or a showing undermining the validity and finality of the finding, it is inappropriate for the Board to exercise its discretion to reopen a case and vacate an IJ’s frivolousness finding. Matter of H-Y-Z-, 28 I&N Dec. 156 (BIA 2020)
AILA and Partners Submit Amicus Brief on Bond Eligibility in Withholding-Only Proceedings
AILA and partners submitted an amicus brief in the Supreme Court in Pham v. Guzman Chavez asking the court to affirm the Fourth Circuit's judgment that detained noncitizens in withholding-only proceedings have the right to individualized bond-hearings.
EOIR Releases Memo Rescinding and Canceling Certain Outdated Operating Policies and Procedures Memoranda
EOIR issued a policy memo (PM 21-02) rescinding Operating Policies and Procedures Memoranda (OPPRM) 13-03, Guidelines for Implementation of the ABT Settlement Agreement, and 16-01, Filing Applications for Asylum. The rescissions are effective November 6, 2020.
EOIR Releases Memo on Immigration Court Hearings Conducted by Telephone and Video Teleconferencing
EOIR Released a memo (PM 21-03) canceling and replacing OPPM 04-06 and memorializing EOIR policies regarding the use of the telephone and video teleconferencing (VTC or VC) to conduct hearings in proceedings before an immigration judge.
EOIR Notice Regarding Comment Period on Form EOIR-31A
EOIR notice that Form EOIR-31A, which had been subject to a comment request period published at 85 FR 66578 on 10/20/20, is under review for additional edits. EOIR will publish a new 30-day notice of a new comment period. (85 FR 71100, 11/6/20)
ICE Releases FY2020 Report on ICE Health Service Corps
ICE released the FY2020 report on ICE Health Service Corps (IHSC), which administers and manages health care for nearly 100,000 detainees housed at 20 designated facilities. In FY2020, IHSC executed over $315 million to provide health care services and to perform COVID-19 operational requirements.
Attorney General Rules on Duress Exception to the Persecutor Bar for Asylum and Withholding of Removal
The AG ruled that the bar to eligibility for asylum and withholding based on persecution does not include an exception for coercion or duress, and that DHS does not have an evidentiary burden to show ineligibility based on the persecutor bar. Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020)
Immigration Justice Campaign
The AILA/American Immigration Council's Immigration Justice Campaign fights for justice for detained noncitizens by mentoring lawyers ready to defend their rights in court. We work alongside local partners, including Proyecto Dilley (formerly the Dilley Pro Bono Project). Find out more today.
CA3 Says Stop-Time Rule Still Applies Where Petitioner’s Inadmissibility Offense Was Decriminalized Post-Conviction
The court held that the vacatur of petitioner’s conviction for an inadmissibility offense did not relieve him of the effects of the stop-time rule, because it did not alter the historical fact that he committed the offense or that it rendered him inadmissible. (Khan v. Att’y Gen., 11/3/20)
CA5 Upholds Denial of Withholding of Removal to Honduran Petitioner Who Refused to Join Gang
The court upheld the BIA’s conclusion that the petitioner’s proposed social groups—including Honduran women who have been targeted for and resisted gang recruitment after the murder of a gang-associated partner—were not cognizable. (Suate-Orellana v. Barr, 11/3/20)
Final Rule on Organization of EOIR
EOIR final rule which finalizes the interim rule published at 84 FR 44537 on 8/26/19, with additional amendments. The rule is effective 11/3/20. (85 FR 69465, 11/3/20)
DOJ’s Immigration Court Practice Manual (Updated on 11/3/20)
On November 3, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
Lawsuit Seeks to Uncover Secretive Expansion of Judicial Black Sites for Immigration Cases
AILA joined the American Immigration Council and the National Immigrant Justice Center in litigation against EOIR and GSA. The lawsuit requests information on the expansion and creation of immigration adjudication centers, which were established as part of EOIR’s Strategic Caseload Reduction plan.
AILA Comments on EOIR’s Proposed Rule on Assistance to Pro Se Individuals and Filing of Form EOIR-27/Form EOIR-28
AILA submitted comments on EOIR’s proposed rule that amends the regulations related to practitioners assisting pro se individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before EOIR.
CA6 Says Sufficient Evidence Supported IJ’s Finding That Petitioner Engaged in Alien Smuggling
Where petitioner argued that the government did not prove by “clear, unequivocal and convincing evidence” that she had engaged in alien smuggling, the court denied the petition for review, finding that the substantial evidence standard applied instead. (Morales Bribiesca v. Barr, 10/30/20)
CA9 Holds That “Time-of-Conviction Rule” Applies When Conducting a Categorical Analysis for Removability
The court held that, in determining whether a state criminal conviction is a categorical match for its federal counterpart, it is proper to compare the two drug schedules in effect at the time of the petitioner’s conviction, not at the time of his removal. (Medina-Rodriguez v. Barr, 10/30/20)
CA4 Finds Asylum Applicant’s Proposed Social Group Was Impermissibly Circular Under Matter of A-B-
The court found that the petitioner’s proposed social group of “married El Salvadoran women in a controlling and abusive domestic relationship” violated the anti-circularity requirement reaffirmed in the Attorney General’s ruling in Matter of A-B-. (Amaya-De Sicaran v. Barr, 10/30/20)
DHS Releases Privacy Impact Assessment for CBP Web Emergency Operations Center (WebEOC)
DHS released a PIA for the Web Emergency Operations Center (WebEOC), CBP’s emergency notification, event tracking, and incident management system. The PIA provides information about the uses of WebEOC, including as the point of collection for electronic medical records of individuals in CBP custody.
BIA Finds Evidence of Prior Fraudulent Marriage Precludes Approval of Subsequent Marriage-Based Visa Petition
The BIA ruled that when there is probative evidence that a beneficiary’s prior marriage was fraudulent and entered into to evade immigration laws, a subsequent visa petition filed on beneficiary’s behalf is properly denied under §204(c) of the INA. Matter of Pak, 28 I&N Dec. 113 (BIA 2020)
TRAC Releases Report on Deportation Relief During the Trump Administration
TRAC says IJs have completed 1,075,578 deportation cases during the Trump administration and that 395,244 immigrants have submitted applications for relief. The report provides numerical breakdowns for each relief type and describes the legal grounds under which each type of relief can be granted.
AILA Colorado Chapter Leaders and Partners Discuss Suspected COVID-19 Outbreak in the Aurora Contract Detention Facility
On a press call, AILA Colorado Chapter leaders joined on-the-ground partners and a public health expert to discuss the suspected COVID-19 outbreak in the Aurora Contract Detention Facility.
Resources on ICE Detention During COVID-19
AILA has created resources related to ICE’s handling of detention during COVID-19, including a free recording eligible for CLE on parole and a just-added webinar on seeking release for detained clients.
TRAC Says Asylum Denial Rates Continue to Climb
TRAC released a report noting that despite the partial court shutdown due to the pandemic, in FY2020, immigration judges made the second highest number of asylum decisions in the past two decades. The rate of denial also climbed to a record high of 71.6 percent, compared to 54.6 percent in FY2016.