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
CA3 Finds Sri Lankan Army’s Mistreatment of Petitioner Did Not Rise to Level of Past Persecution
The court held that petitioner’s 2007 detention and beating by the Sri Lankan army did not constitute past persecution, and that extortion attempts by the Eelam People’s Democratic Party (EPDP) of Sri Lanka were not motivated by an imputed political opinion. (Thayalan v. Att’y Gen., 5/10/21)
CIS Ombudsman’s Office Issues Reminder for DACA Renewals
The CIS Ombudsman’s Office issued a reminder that individuals who are eligible to renew their DACA and employment authorization may submit their renewal request between 150 days and 120 days before the expiration on their current Form I-797, Notice of Approval, and on the EAD.
DHS Withdrawal of Proposed Rule on Use and Collection of Biometrics
DHS withdrawal of the proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws, which was published at 85 FR 56338 on 9/11/20. (86 FR 24750, 5/10/21)
DHS Withdrawal of Proposed Rule on Eliminating Employment Authorization for Individuals with a Final Order of Removal
DHS withdrawal of a proposed rule published at 85 FR 74196 on 11/19/20, which would have eliminated employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. (86 FR 24751, 5/10/21)
ICE Provides Updated FAQs on Sensitive Locations and Courthouse Arrests Policy
Following the issuance of new guidance limiting ICE and CBP civil enforcement actions in or near courthouses, ICE updated its FAQs on sensitive locations and courthouse arrests.
Adjectives Matter: What Does “Exceptional and Extremely Unusual Hardship” Mean?
AILA Member Eva Loney writes about the importance of adjectives in immigration law, specifically what “exceptional“ and “extremely unusual“ mean when considered in a removal case, highlighting why her article on the topic in the Spring AILA Law Journal was important to share.
ICE Provides Data on Detention, Alternatives to Detention, and ICE Facilities
ICE provided searchable and sortable data tables with detention statistics, including the number of people in ICE detention, initial book-ins, average length of ICE custody, and more. In addition, ICE also provided data on Alternatives to Detention and ICE facilities, including address and type.
Briefing Extension Request - BIA
Sample briefing extension request for the Board of Immigration Appeals (BIA).
Motion for Extension of the Briefing Deadline - BIA
Sample motion for submission to the BIA for an extension of the respondent's briefing deadline.
Iranians Forced Into Military Service Face Immigration Blockade
AILA member Scott Emerick details litigation recently filed to ensure Iranian nationals forced to serve in the Islamic Revolutionary Guard Corps aren't harmed by the U.S. government's decision to retroactively name it a terrorist organization.
CA9 Defers to BIA’s Permissible Interpretation of Ambiguous “Date of Admission” Phrase in INA §237(a)(2)(A)(i)(I)
The court held that, for purposes of removability for crimes involving moral turpitude (CIMT), the phrase “the date of admission” in INA §237(a)(2)(A)(i)(I) is ambiguous, and the BIA’s interpretation of the phrase in Matter of Alyazji was permissible. (Route v. Garland, 5/6/21)
Senators Request $200 Million for Services Within EOIR to Provide Legal Representation to Vulnerable Individuals
Twenty senators sent a letter to the Senate Subcommittee on Appropriations for Commerce, Justice, Science, and Related Agencies requesting that $200 million be appropriated to DOJ for legal services within EOIR to provide legal representation to vulnerable populations.
Senators Urge $300 Million in Funding for Legal Services for Unaccompanied Children
Twenty-one senators sent a letter to the Senate Subcommittee on Appropriations for Labor, Health and Human Services, Education, and Related Agencies requesting no less than $300 million in funding for legal services for unaccompanied children through the Office of Refugee Resettlement (ORR).
AAO Finds Director Did Not Fully Evaluate Favorable Factors in Denying Application for Permission to Reapply for Admission
In a nonprecedent decision, the AAO withdrew the Director’s decision denying the applicant’s Form I-212 and remanded, finding that it did not reflect a proper analysis of the favorable and unfavorable factors in the applicant’s case. Courtesy of Alan Lee. In Re: 5511191 (AAO 5/6/21)
DHS Issues Statement on the Expiration of 100-Day Removal Pause
DHS issued a statement on the expiration of the 100-day pause on removals. Per the statement: “DHS does not intend to extend or reinstate a policy requiring a pause on the execution of final orders of removal for any noncitizens.”
EOIR Announces 17 New Immigration Judges
EOIR announced 17 new immigration judges, including one assistant chief immigration judge and six unit chief immigration judges. The notice provides the judges’ names, courts of appointment, and biographical information.
CA3 Holds That IJs and the BIA Have General Authority to Administratively Close Cases
The court held that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA general authority to administratively close cases by authorizing them to take “any action” that is “appropriate and necessary” for the disposition of cases. (Arcos Sanchez v. Att’y Gen., 5/5/21)
CA3 Says IJs Have Jurisdiction over Removal Proceedings Started by a Notice of Referral to an IJ Lacking Time and Place Information
Denying the petition for review, the court held that an IJ is not deprived of jurisdiction under 8 CFR §1003.14 over removal proceedings commenced by a Notice of Referral to an IJ that lacks time and place information. (Mejia Romero v. Att’y Gen., 5/5/21)
CA8 Says a Grant of TPS Does Not Excuse INA §240A(a)’s Admission Requirement for TPS Recipients
The court held that petitioner’s grant of Temporary Protected Status (TPS) did not remove the need for him to show that he was admitted in order to be eligible for cancellation of removal, and that his grant of TPS was not an admission for cancellation purposes. (Artola v. Garland, 5/5/21)
CA9 Holds That Petitioner’s Asylum Application Was Abandoned Based on Her Failure to Submit Required Biometrics
The court upheld the BIA and IJ’s conclusion that the petitioner’s application for asylum and related relief had been abandoned under 8 CFR §1003.47(c) based on her failure to submit biometrics or establish good cause for her failure to do so. (Gonzalez-Veliz v. Garland, 5/4/21)
CA3 Finds That Conviction for Second-Degree Robbery in New Jersey Is an Aggravated Felony Theft Offense
The court held that the petitioner’s 2000 conviction for second-degree robbery in New Jersey constituted an aggravated felony theft offense under INA §101(a)(43)(G), and thus found that the petitioner was ineligible for asylum and withholding of removal. (K.A. v. Att’y Gen., 5/4/21)
AILA and Partners Submit Amicus Brief Arguing Iowa Theft Statute Is Indivisible
AILA and partners submitted a brief responding to BIA’s amicus invitation on the divisibility of Iowa’s theft statute. The brief argues that Iowa Code §714.1 is a single offense, and, therefore, indivisible, and highlights the categorical approach’s demand for certainty in the divisibility analysis.
ICE ERO Northern Florida NGO Contact Sheet - Jacksonville (May 2021)
ICE ERO Jacksonville contact information for Northern Florida NGOs for Detained Case Management, Non-Detained Case Management, and Alternatives to Detention as of May 2021.
ICE ERO Northern Florida NGO Contact Sheet - Tallahassee (May 2021)
ICE ERO Tallahassee contact information for Northern Florida NGOs for Non-Detained Unit and Alternatives to Detention as of May 2021.
DHS OIG Finds Violations of ICE Detention Standards at Pulaski County Jail
DHS OIG identified several violations of ICE detention standards at the Pulaski County Jail. The jail did not enforce COVID-19 precautions, which may have resulted in repeated transmissions at the facility, and did not meet standards for medical care, segregation, or detainee communication.