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
CA2 Upholds BIA’s Denial of Petitioner’s Motion to Reopen Based on “Intervening” Case Law in Obeya and Mellouli
The court found that “intervening” decisions in Obeya v. Sessions and Mellouli v. Lynch did not compel the conclusion that criminal possession of stolen property was not a crime involving moral turpitude at the time of the petitioner’s conviction. (Ottey v. Barr, 7/7/20)
CA8 Finds It Lacks Jurisdiction to Consider Petitioner’s Arguments Concerning Changed Country Conditions in Somalia
The court held that it lacked jurisdiction to review the vast majority of the petitioner’s arguments concerning his motion to reopen his asylum and withholding of removal claims based on changed country conditions in Somalia. (Sharif v. Barr, 7/7/20)
CRS Releases Legal Sidebar on Supreme Court’s Decision to Uphold Limited Review of Expedited Removal
CRS released a legal sidebar on the Supreme Court’s decision in DHS v. Thuraissigiam which upheld restrictions on the ability of an individual in expedited removal to challenge matters other than the detention’s lawfulness. The sidebar explores the decision, its implications, and more.
Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead
AILA condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice.
EOIR Director Rules Amicus Curiae Cannot Seek Further Action Once Decision Has Been Rendered in Recognition and Accreditation Proceedings
The EOIR Director ruled that an amicus curiae is not a party in recognition and accreditation proceedings and has no authority to seek further action following the conclusion of an administrative review. Matter of Bay Area Legal Services, Inc., Applicant, 28 I&N Dec. 16 (DIR 2020)
EOIR Announces Tracy Short as New Chief Immigration Judge
EOIR announced the appointment of Tracy Short as the Chief Immigration Judge. From January 2017 to June 2020, he served as the ICE Principal Legal Advisor and, later, as a Senior Advisor to the ICE Acting Director.
DOJ’s Immigration Court Practice Manual (Updated on 7/2/20)
On July 2, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts.
DHS Statement on Safety and Enforcement During the 2020 Wildfire Season
DHS announced that there will be no immigration enforcement initiatives associated with evacuations or sheltering related to wildfires in the western and southwestern portions of the U.S., including in Arizona, Colorado, Utah, and Nevada, except in the event of a serious public safety threat.
EOIR Rescinds Operating Policies and Procedures Memoranda 96-4 and 99-4
EOIR issued a memo rescinding OPPM 96-4, Processing of Motions and Appeals, and OPPM 99-4, Electronic I-830 (Notice to EOIR: Alien Address). The OPPMs were issued over two decades ago, and per EOIR, “have become outdated or unnecessary in the intervening years.”
Voluntary COVID-19 Testing at ICE Facilities
ICE announced that it has completed voluntary COVID-19 testing for all residents at the family residential centers (FRCs) in Dilley and Karnes County, Texas, and Leesport, Pennsylvania. ICE also began offering tests to new admission at the FRCs.
BIA Finds Respondent Who Arrived 20 Minutes Late Did Not Fail to Appear
Unpublished BIA decision holds that the respondent did not fail to appear for his hearing where he arrived 20 minutes late and the IJ was still on the bench. Special thanks to IRAC. (Matter of Flores-Lopez, 7/2/20)
EOIR to Resume Hearings in Non-Detained Cases at the Chicago, Cleveland, Philadelphia, and Saipan Immigration Courts
EOIR will resume non-detained individual (merits) hearings and master calendar dockets including relatively small number of respondents at the Chicago, Cleveland, Philadelphia, and Saipan immigration courts on 7/6/20. The option to file by email at these courts and at York will end on 9/6/20.
DHS OIG Releases Observations from Unannounced Inspections of ICE Facilities in 2019
ICE houses detainees at roughly 200 facilities nationwide. During 2019, DHS OIG made 4 unannounced inspections at 4 adult detention facilities and found violations of ICE detention standards that undermined the protection of detainees’ rights and the provision of a safe and healthy environment.
CA5 Rejects Petitioner’s Argument That BIA Acted Ultra Vires by Applying a Heightened Standard to His Waiver Application
The court found that the petitioner’s contention that the BIA should have weighed the equities more in his favor failed to establish that the agency had acted ultra vires by applying a heightened standard to his waiver of inadmissibility application. (Nastase v. Barr, 7/1/20)
EOIR Releases Asylum Decision Rates by Nationality in Cases Originating with a Credible Fear Claim for FY2020
EOIR released asylum decision rates (grants, denials, administrative closure, and other) in cases that originated with a credible fear claim, broken down by the nationality of applicants for FY2020 (through 6/30/20).
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Form EOIR-27
EOIR 60-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 8/31/20. (85 FR 39212, 6/30/20)
Practice Alert: Potential Effects of the June 22 Proclamation on EAD Eligibility for Individuals Subject to Removal
In addition to suspending the entry of certain nonimmigrants, the June 22, 2020, Presidential Proclamation also contains provisions that could preclude individuals in removal proceedings from obtaining employment authorization.
EOIR Releases Statistics on Attorney Discipline Complaints Received
EOIR issued data on attorney discipline complaints received from FY2000 through the third quarter of FY2020. As of the end of the third quarter of FY2020 (through June 30, 2020), EOIR received 558 attorney discipline complaints.
BIA Finds Pennsylvania Statute Not a Firearms Offense
Unpublished BIA decision holds that carrying a firearm without a license under 18 Pa. Cons. Stat. 6106(a)(1) is not a firearms offense because it applies to antique firearms that are suitable for use. Special thanks to IRAC. (Matter of Santana Colon, 6/30/20)
EOIR Releases Statistics on All Pending I-862 Proceedings and Pending I-862 Proceedings Originating with a Credible Fear Claim
EOIR released statistics on all pending I-862 proceedings and pending I-862 proceedings originating with a credible fear claim. As of June 30, 2020, EOIR had a total of 1,199,965 pending I-862 proceedings, out of which 223,118 originated with a credible fear claim.
EOIR Released Asylum Decision and Filing Rates in Cases Originating with a Credible Fear Claim
EOIR released data on asylum decision rates (grants, denials, administrative closure, and other) and asylum filing rates for cases that originated with a credible fear claim for FY2008 through the third quarter of FY2020 (through June 30, 2020).
CRS Legal Sidebar: DHS’s Nationwide Expansion of Expedited Removal
CRS updated its legal sidebar on DHS’s nationwide expansion of expedited removal. The sidebar provides an overview of the expedited removal framework; DHS’s expansion of expedited removal; legal challenges to the expansion; and constitutional considerations.
CRS Report on Unauthorized Childhood Arrivals, DACA, and Related Legislation
CRS updated its report on legislative activity in Congress related to unauthorized childhood arrivals, including the original Dream Acts in the 107th and 108th Congresses, establishment of DACA in 2012, and DACA since 2017.
EOIR Released Statistics on Defensive Asylum Applications
EOIR released statistics on defensive asylum applications from FY2008 through the third quarter of FY2020. In FY2020 (through June 30, 2020), EOIR received 123,615 defensive asylum applications and granted 9,868 applications, for a defensive receipts to grants ratio of 12.52:1.
CA9 Finds Asylum Applicant’s Testimony Alone Was Not Sufficient to Satisfy Social Distinction Requirement for PSGs
The court held that petitioner had failed to establish that his proposed particular social groups (PSGs) comprised of “Mexican professionals who refuse to cooperate with drug cartels” and “agronomists who refuse to help cultivate drugs” were socially distinct. (Diaz-Torres v. Barr, 6/29/20)