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
CA6 Says It Has Jurisdiction to Review BIA’s Ultimate Hardship Conclusion for Cancellation of Removal After Guerrero-Lasprilla
The court held that the BIA’s ultimate hardship conclusion is the type of mixed question over which it has jurisdiction to review after the Supreme Court’s decision in Guerrero-Lasprilla v. Barr, but found that petitioner failed to show the requisite hardship. (Singh v. Rosen, 1/7/21)
Announcements of ICE Enforcement Actions
ICE ERO Houston announced that nine individuals were arrested between November 1, 2020, and December 31, 2020, in the greater Houston area as part of a recent enforcement action targeting individuals who had unlawfully reentered the U.S. after having previously been removed.
CA9 to Rehear En Banc Case Involving Derivative Citizenship
The court ordered rehearing en banc and vacated its prior decision in Cheneau v. Barr, which held that the petitioner did not derive citizenship from his mother’s naturalization because his claim was foreclosed by the court’s precedent. (Cheneau v. Rosen, 1/6/21)
CA5 Finds Petitioner Failed to Show Due Diligence Where He Waited Eight Months After Lugo-Resendez to File Motion to Reopen
The court upheld the BIA’s conclusion that the petitioner did not demonstrate due diligence because he had waited approximately eight months after the court’s decision in Lugo-Resendez v. Lynch to file his current motion to reopen under INA §240(c)(7). (Ovalles v. Rosen, 1/6/21)
Screaming Into the Void: 5 Reasons to Always Comment on Proposed Regulations
AILA member Sarah Pitney shares insights into why they participate in public comment campaigns and why all AILA members should do the same to benefit their clients, share their expertise, and hopefully ensure better regulations result.
AILA and Mid-Minnesota Legal Aid Submit Amicus Brief on Burden of Proof in Habeas-Ordered Custody Hearings
AILA and Mid-Minnesota Legal Aid submitted an amicus brief in the U.S. District Court for the District of Minnesota arguing that the government must bear the burden of proof by clear and convincing evidence in habeas-ordered custody hearings.
AILA Submits Comments on EOIR’s Proposed Rulemaking on Electronic Case Access and Filing
AILA submitted comments on EOIR’s proposed rulemaking on electronic case access and filing, encouraging EOIR to consult with stakeholders to better understand the impact of the new filing system and to incorporate feedback to improve the system for all users.
IJ Issues Interlocutory Decision Finding That Certain Noncitizens Detained and Released by DHS Have Been Paroled
An IJ with the Miami Immigration Court issued an interlocutory decision finding that inadmissible applicants for admission who are detained by DHS and later released into the United States have been paroled, and certified his decision to the BIA for review. (Matters of D-G-, et al., 1/4/21)
EOIR to Host Information Sessions in Advance of ECAS Launch at Several Immigration Courts
EOIR invites stakeholders to attend virtual information sessions on 1/14/21 and 1/28/21 in advance of ECAS launch at the Cleveland, Fishkill, Kansas City, Las Vegas, and Ulster immigration courts. RSVP to EngagewithEOIR@usdoj.gov by noon (ET) the day before the session you wish to attend.
USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA
USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA.
CA8 Holds That DHS Was Permitted to Substitute CIMTs Charge for Immigration Fraud Charge as Basis for Petitioner’s Removal
The court held that, in seeking the petitioner’s removal, DHS could choose to rely on a claim that the petitioner had committed crimes involving moral turpitude (CIMTs), rather than on the alternative claim that she had committed immigration fraud. (Herrera Gonzalez v. Rosen, 1/4/21)
South Florida Miami IJ Cole: ROR Is Parole
In an interlocutory decision dated January 4, 2021, Miami Immigration Judge Timothy M. Cole finds that release on recognizance is parole. He certified his decision up to the BIA.
South Florida ERO Update (January 2021)
This update addresses attorney-client visitation and other procedures at the three South Florida detention centers, as well as procedures at Miramar.
DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)
On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
DHS Releases FY2020 Enforcement Lifecycle Report
DHS released its FY2020 enforcement lifecycle report describing the final or most current outcomes, as of 3/31/20, associated with the 3.5 million southwest border encounters occurring between 2014 and 2019. Repatriations accounted for 51 percent of encounters, while 8.1 percent were granted relief.
USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D
USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20)
EOIR Issues Memo Cancelling Certain Operating Policies and Procedures Memoranda
EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh.
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Irwin County Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Irwin County Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
ICE Provides Guidance on Unmonitored Phone Calls and Video Teleconference Meetings at Stewart Detention Center
ICE provided a legal notice on SPLC v. DHS, et al. regarding unmonitored phone calls and video teleconference meetings at Stewart Detention Center. Notice also includes information on unmonitored legal phone calls and faxing legal documents.
EOIR Released Statistics on Pending Cases
EOIR released statistics on pending cases, initial receipts, and total completions from FY2008 through the first quarter of FY2021. As of the end of the first quarter of FY2021, EOIR had 1,277,152 pending cases in the queue, and had completed 20,739 cases.
President Trump Issues Memorandum Extending Memorandum on Visa Sanctions
President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President.
CA9 Holds That Petitioner Who Adjusted to Permanent Resident Under SAW May Be Removed at Present Time
The court held that, under the Special Agricultural Worker program (SAW), a noncitizen who was inadmissible at the time of his adjustment to temporary resident status may be removed after his automatic adjustment to permanent resident status. (Hernandez Flores v. Rosen, 12/30/20)
CA11 Says Substantial Evidence Supported BIA’s Finding That Petitioner Committed Fraud with Loss Amount over $10,000
The court upheld the BIA’s finding that petitioner’s Florida convictions for money laundering and workers’ compensation fraud were aggravated felonies because each conviction involved fraud in which the amount of loss to the victim exceeded $10,000. (Garcia-Simisterra v. Att’y Gen., 12/30/20)
CA9 Affirms District Court’s Denial of Government’s Motion to Terminate Flores Settlement Agreement
The court held that the district court had correctly concluded that the Flores Settlement Agreement was not terminated by new regulations adopted by HHS and DHS in 2019, and that the government did not show that changed circumstances justified termination. (Flores v. Rosen, 12/29/20)
CA5 Dismisses for Mootness After Finding Inadmissibility Was Not a Collateral Consequence of BIA’s Withholding-Only Decision
The court held that even if the BIA had erred in denying withholding of removal to the petitioner, inadmissibility was not a collateral consequence of the BIA’s decision, because the petitioner would still be subject to his February 2012 removal order. (Mendoza-Flores v. Rosen, 12/29/20)