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
EOIR Releases Current Median UAC Case Completion and Case Pending Time for FY2020
EOIR released the current median unaccompanied child (UAC) case completion and case pending time. In FY2020, the median pending time was 1,028 days and the median completion time was 659 days.
EOIR Releases UAC Statistics for FY2020
EOIR released statistics on I-862 initial case completions for unaccompanied children (UAC) for FY2020. The total number of pending cases at the end of FY2020 was 103,035. Decisions were made in 9,232 cases, with 6,105 cases ending in removal.
EOIR Releases Statistics on Number of Courtrooms
EOIR released statistics from 2007 (calendar year) to FY2020 on the total number of courtrooms. As of FY2020, EOIR had 474 courtrooms, excluding the courtrooms in Saipan and in Louisville.
EOIR Releases Statistics on Video Teleconference Hearings and Appeals
EOIR released statistics from FY2019 to FY2020 on the total number of completed cases with a video teleconference (VTC) hearing, case appeals filed, appeals of completed cases with a VTC hearing, and appeals of completed cases with a VTC hearing alleging a VTC hearing issue.
EOIR Releases Data on Initial Receipts with Specific Charges for Removal, Deportation, and Exclusion Cases
EOIR released data from FY2008 to FY2020 on initial receipts for removal, deportation, and exclusion cases; initial receipts with specific charges; leads with riders; riders; leads and riders; and percentage of leads and riders.
EOIR Releases Statistics on Decision Outcomes for FY2020
EOIR released statistics on outcomes of initial case decisions for FY2020. Statistics cover removal, deportation, and exclusion cases; asylum-only and withholding-only cases; and credible fear reviews, reasonable fear reviews, and claimed status reviews.
EOIR Releases Statistics on Circuit Court Remands Filed
EOIR released statistics on circuit court remands filed from FY2008 to FY2020. In FY2020, 660 circuit court remands were filed.
EOIR Releases Statistics on All Appeals Filed, Completed, and Pending
EOIR released statistics on all appeals filed, completed, and pending from FY2008 to FY2020. In FY2020, 58,901 appeals were filed; 40,393 appeals completed; and 90,940 appeals were pending.
EOIR Releases FY2020 Statistics on Video Teleconference Hearings and Adjournments
EOIR released statistics on the number of video teleconference (VTC) hearings and adjournments for FY2020. In FY2020, EOIR held 1,447,714 hearings out of which 282,232 were VTC hearings. Nine hundred and twenty three hearings were adjourned due to video malfunction.
EOIR Releases Statistics on BIA Case Appeals Filed, Completed, and Pending
EOIR released statistics from FY2008 to FY2020 for appeals filed, completed, and pending with the BIA from completed removal, deportation, exclusion, asylum-only, and withholding-only proceedings. In FY2020, 51,250 appeals were filed and 84,673 appeals were pending.
EOIR Releases Historical Data on New Cases and Total Completions
: EOIR released historical data, from FY1983 through FY2020, for initial receipts of new removal, deportation, exclusions, asylum-only, and withholding-only cases, and total case completions.
EOIR Released Statistics on FOIA Receipts
EOIR released statistics on Freedom of Information Act (FOIA) receipts from FY2013 through FY2020. In FY2020, EOIR had 49,468 FOIA receipts.
EOIR Released Statistics on In Absentia Removal Orders in Cases Originating with a Credible Fear Claim
EOIR released data on in absentia removal orders issued in cases originating with a credible fear claim from FY2008 through FY2020. In FY2020, EOIR issued 7,322 in absentia removal orders in cases originating with a credible fear claim.
AILA and Partners Submit Amicus Brief in Matter of A-M-R-C-
AILA and partners submitted an amicus brief arguing that the Attorney General should vacate the referral order in Matter of A-M-R-C- which would require reopening A-M-R-C-‘s removal proceedings, an action that the AG cannot lawfully take, and that would harm national interests.
District Court Dismisses Lawsuit Over Unaccompanied Minors’ Access and Right to Abortions
The court agreed to dismiss a lawsuit after ORR changed its policy to block unaccompanied minors in its custody access to abortions and under the dismissal will no longer interfere in unaccompanied minors’ efforts to obtain this procedure. (J.D., et al., v. Azar, et al., 9/29/20)
DHS OIG Says CBP Did Not Adequately Oversee FY2019 Appropriated Humanitarian Funding
DHS OIG released a report saying that CBP did not adequately use the funds it received in FY2019 to address the needs of migrants in custody. CBP did not ensure the funds were used to purchase items that met migrants’ basic needs and cannot account for funds provided for medical care for migrants.
BIA Rules on Expert Witness Testimony
The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)
AILA, the Council, and the Immigration Justice Campaign Submit Comments Opposing Proposed EOIR Rule on Appeals
AILA, the American Immigration Council, and the Immigration Justice Campaign submitted comments opposing a proposed rule that would strip the BIA of the ability to make a reasoned decision on a fully-developed record and block respondents from mounting an effective appeal.
ICE Issues Guidance on COVID-19
ICE updated its guidance on its response to the COVID-19 pandemic, including on how it has modified its enforcement efforts during COVID-19. ICE stated that it is “confident” that its officers “can properly and safely carry out operations.”
Senate Bill: End Transfers of Detained Immigrants Act
On 9/25/20, Senator Bennett (D-CO) introduced the End Transfers of Detained Immigrants Act to prohibit transfers of individuals between ICE facilities and federal, state, and local facilities, to ensure physical distancing inside ICE facilities, and for other purposes. AILA endorses this bill.
South Florida Miami EOIR Standing Order 20-01 of the Immigration Court Regarding Telephonic Appearances and Page Limitations for Electronic Filings
Miami EOIR Standing Order regarding telephonic appearances for master calendar case before the Krome Immigration Court and Broward Transitional Center effective September 24, 2020.
CA9 Overrules Minto v. Sessions and Concludes Resident of CNMI Is Not Removable Under INA §212(a)(7)(a)(i)
The en banc court overruled Minto v. Sessions, holding that the petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the INA became applicable there, was not removable under INA §212(a)(7)(a)(i). (Torres v. Barr, 9/24/20)
CRCL Issues Recommendations Memo Concerning the Richwood Correctional Center
CRCL investigated the conditions of detention for ICE detainees at the Richwood Correctional Center. CRCL identified issues with and made recommendations to mental health care, mental health documentation, translation access, food service, and more.
EOIR Proposed Rule on Procedures for Asylum and Withholding of Removal
EOIR proposed rule making changes to the regulations on asylum and withholding of removal. Comments are due 10/23/20. (85 FR 59692, 9/23/20)
CA1 Finds “Wealthy Immigrants Returning to Jamaica” Is Not a Cognizable Particular Social Group
The court held that the petitioner’s withholding of removal claim failed, because it found that “wealthy immigrants returning to the country of Jamaica” did not form a cognizable particular social group. (Lee v. Barr, 9/22/20)