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
DHS OIG Says CBP Should Award a Medical Services Contract Quickly to Ensure No Gap in Service
DHS OIG released a management alert stating that CBP’s current contract for medical services expires on 9/29/20, and that as of 9/3/20, CBP had not issued a solicitation for a new contract. A lapse in the contract, per the alert, “could jeopardize the health and safety of migrants in CBP custody.”
CA7 Rejects Castro-Tum and Holds That IJs Are Not Precluded from Administratively Closing Cases When Appropriate
The court rejected Matter of Castro-Tum’s conclusion that administrative closure is not within an IJ’s authority to take “any action” appropriate and necessary for the disposition of cases pursuant to 8 CFR §1003.10(b). (Meza Morales v. Barr, 6/26/20, amended 9/3/20)
EOIR to Resume Hearings in Non-Detained Cases at the Salt Lake City Immigration Court
EOIR announced that will resume non-detained individual hearings and master calendar dockets involving relatively small number of respondents at the Salt Lake City Immigration Court on September 8, 2020. The option to file by email at this court will end on November 8, 2020.
CA3 Upholds Asylum Denial After Finding Syrian Militia Is a Tier III Terrorist Organization Under INA §212(a)(3)(B)(vi)(III)
The court upheld the denial of asylum to the petitioner, who fled involuntary military service in a government-controlled militia in Syria, finding that the militia was not beyond the scope of the Tier III provision under INA §212(a)(3)(B)(vi)(III). (A.A. v. Att’y Gen., 9/2/20)
CA4 Finds Petitioner Failed to Establish That Salvadoran Government Was Unable or Unwilling to Control MS-13
Finding that the record did not compel the conclusion that the Salvadoran government was unwilling or unable to control the MS-13 gang, the court upheld the IJ and BIA’s conclusion that the petitioner did not qualify as a refugee under INA §101(a)(42)(A). (Portillo-Flores v. Barr, 9/2/20)
CA3 Rejects Due Process Claims of Mexican Petitioner Who Sought Cancellation of Removal
Where BIA had dismissed petitioner’s appeal on the ground that his removal would not cause his daughters “exceptional and extremely unusual hardship,” the court rejected his two due process challenges, finding that neither was a constitutional claim. (Hernandez-Morales v. Att’y Gen., 9/2/20)
House Committee on Oversight and Reform Releases Report on Mistreatment of Detained Immigrants
The House Committee on Oversight and Reform released a report on for-profit contractors’ detention of immigrants. The committee inspected several detention facilities and found deficient sanitation/mismanagement of infectious diseases and that detainees died after receiving inadequate medical care.
CA9 Finds Domestic Violence Waiver Under Special Rule Cancellation of Removal Did Not Cover Petitioner’s Drug Conviction
The court held that the domestic violence waiver established under INA §237(a)(7), and made applicable to cancellation of removal by INA §240A(b)(5), is limited to crimes of domestic violence and stalking, and thus did not cover petitioner’s drug conviction. (Jaimes-Cardenas v. Barr, 9/1/20)
CA1 Vacates Preliminary Injunction Against ICE Courthouse Arrests in Massachusetts
The court held that the district court abused its discretion in finding plaintiffs were likely to succeed in showing that the INA implicitly incorporates a common law privilege against civil arrests for individuals attending court on official business. (Ryan, et al. v. ICE, et al., 9/1/20)
DHS OIG Finds Five Texas CBP Facilities Generally Complied with National TEDS Standards
DHS OIG performed unannounced inspections of five CBP facilities in Laredo and San Antonio areas of Texas in February 2020 and found that the facilities appeared to be generally operating in compliance with the National Standards on Transport, Escort, Detention, and Search (TEDS).
ICE Provides Information on Legal Access in Detention
ICE provided information to assist immigration legal representatives with clients who are detained in ICE custody, including information on how to communicate with detained individuals and with ICE, available legal resources available to detained individuals, and contact information.
Round Table of Former Immigration Judges Issue Statement in Support of AILA NJ Chapter’s Litigation
On September 1, 2020, the Round Table of Former Immigration Judges issued a statement supporting the AILA NJ Chapter’s litigation and urging the Newark Immigration Court to adopt proper health and safety measures for litigants and staff while protecting fundamental due process rights.
EOIR 30-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 30-day notice and request for comments on proposed revisions to Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Comments are due 10/1/20. (85 FR 54222, 9/1/20)
CA1 Overturns Preliminary Injunction Against ICE Arrests in Massachusetts’ Courthouses
The court concluded that the plaintiffs had failed to demonstrate that they were likely to succeed in showing that the INA implicitly incorporates a common law privilege against civil arrests for individuals attending court on official business. (Ryan, et al. v. ICE, et al., 9/1/20)
BIA Rules on Failure to File an Application for Relief by Deadline Set by Immigration Judge
The BIA ruled that after a deadline for filing relief has been set, the opportunity to file may be waived. Further, that being detained, appearing pro se, and using an interpreter at a video hearing do not constitute a denial of due process. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020)
Judge Bars CBP Agents from Conducting Credible Fear Interviews
Granting the plaintiffs’ motion for preliminary injunction, a district court judge barred CBP agents, who receive substantially less training than USCIS asylum officers, from conducting credible fear interviews for asylum seekers. (A.B.-B. v. Morgan, 8/31/20)
AILA and Partners Submit Amicus Brief on Barriers for Detained, Pro Se Asylum Seekers
AILA and partners submitted an amicus brief in the Third Circuit arguing that because of the hurdles detained, pro se asylum seekers face in presenting evidence to support their claims, the BIA must factor a pro se respondent’s detention into analysis of whether evidence is “reasonably available.”
CA8 Finds District Court Correctly Dismissed Petitioners’ Request for Nunc Pro Tunc Adjustment of Status
The court held that the district court properly dismissed the petitioners’ request for nunc pro tunc adjustment of status, because they had failed to adjust their status to lawful permanent residents, and thus could not meet the requirements for naturalization. (Al-Saadoon v. Barr, 8/28/20)
AILA Quicktake #291: USCIS Issues Guidance on DACA to Implement DHS Memo
On August 21, 2020, USCIS issued guidance on the Deferred Action for Childhood Arrivals (DACA) program implementing the memo issued in July 2020 by Acting DHS Secretary Chad Wolf. Kate Voight, AILA’s Senior Associate Director of Government Relations, summarizes key points from the guidance.
DOJ Proposes Regulation to Turn Immigration Appeals into Tool of the Administration’s Anti-Immigrant Agenda
AILA Senior Policy Counsel Laura Lynch and AILA First Vice President Jeremy McKinney respond to a new rule proposed by DOJ that would overhaul Board of Immigration Appeals (BIA) processes.
EOIR Notice of Proposed Rulemaking on Appellate Procedures and Administrative Closure
EOIR notice of proposed rulemaking proposing multiple changes to the processing of immigration appeals, as well as amending the regulations regarding administrative closure. Comments are due 9/25/20. (85 FR 52491, 8/26/20)
CA11 Finds BIA Erred in Retroactively Applying Stop-Time Rule to Pre-IIRAIRA Conviction of Petitioner Seeking Cancellation
The court held that because the petitioner had pled guilty before the stop-time rule was enacted via the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), applying the stop-time rule retroactively to his conviction was impermissible. (Rendon v. Att’y Gen., 8/26/20)
CA9 Defers to BIA’s Interpretation of Perjury and Holds That Conviction for Perjury in California Is an Aggravated Felony
Deferring to the BIA’s interpretation of “perjury” as used in the aggravated felony definition of INA §101(a)(43)(S), the court held that perjury under section 118(a) of the California Penal Code is an aggravated felony. (Yim v. Barr, 8/25/20)
CA9 Reverses IJ’s and BIA’s Adverse Credibility Determination as to Asylum-Seeking Member of Minority Somali Clan
The court held that substantial evidence did not support the IJ’s and BIA’s adverse credibility determination, finding that, in light of the totality of the circumstances, the evidence compelled the conclusion that the Somali petitioner’s testimony was credible. (Iman v. Barr, 8/25/20)
CA3 Holds That “Substantial Evidence” Standard of Review Applies to an IJ’s Reasonable Fear Determinations
After holding that the substantial evidence standard applies to an IJ’s reasonable fear determinations, the court found that substantial evidence supported the IJ’s conclusion that the Mexican petitioner did not have a reasonable fear of persecution or torture. (Romero v. Att’y Gen., 8/25/20)