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 Issues Policy Memo with an Addendum to Previous Policy Memo
On 5/9/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-31, “Addendum to Policy Memorandum 25-30,” providing additional guidance regarding clerical transfers of cases between non-detained and detained dockets, and clarifying section VI of PM 25-30, “Clerical Transfers.”
Practice Alert: EOIR Is Circulating Misleading Legal Advisories to Respondents
On or about April 14, 2025, AILA began receiving reports of new flyers posted in EOIR courts nationwide that list several confusing and misleading statements as to the purported “benefits” and “consequences” of self-deportation for those in removal proceedings.
DHS Announces Travel Assistance and Stipend for Voluntary Self-Deportation
DHS announced that undocumented immigrants can receive financial and travel assistance to facilitate travel back to their home country through the CBP Home App, and can also receive a stipend of $1,000 dollars paid after their return to their home country has been confirmed through the app.
AILA Statement: Trump Administration Lays Trap with Self-Deportation Offer
In response to the DHS announcement of a “stipend” for people choosing to self-deport from the United States, AILA cautioned individuals noting that “No one should accept this without first obtaining good legal advice from an immigration attorney or other qualified representative.”
District Court Permanently Blocks Deportations of Alleged Venezuelan Gang Members under AEA
A Texas federal district court permanently enjoined the Trump Administration from deporting alleged gang members from Venezuela under the Alien Enemies Act (AEA), finding the gang’s conduct within the United States does not constitute an “invasion.” (J.A.V. et al. v. Trump et al., 5/1/25)
ICE Press Release on Operation Tidal Wave in Florida
ICE announced that it led a statewide operation in Florida 4/21/25 through 4/26/25 that resulted in 1,120 arrests of undocumented individuals. ICE states that 63 percent of those arrested had existing criminal arrests or convictions.
CA4 Holds That Petitioner’s Massachusetts Unarmed Assault Conviction Was an Aggravated Felony
The court concluded that the petitioner’s Massachusetts unarmed assault conviction was categorically an aggravated felony attempted theft offense under the INA, rendering the petitioner removable under INA §237(a)(2)(A)(iii). (Baptista v. Bondi, 5/1/25)
Practice Alert: ICE to Start Notifying Attorneys When Detained Clients are Transferred
Beginning May 1, 2025, U.S. Immigration and Customs Enforcement (ICE) will send attorneys, EOIR-accredited representatives, and law students automatic notices when their clients are transferred between facilities.
CA4 Upholds Denial of Cancellation Where IJ Found Petitioner Lacked Good Moral Character Based on Catchall Provision
The court held that substantial evidence supported the IJ’s decision finding that the petitioner lacked good moral character based on the catchall provision in INA §101(f), and thus that he was ineligible for cancellation of removal pursuant to INA §240A(b). (Ibarra v. Bondi, 4/29/25)
DHS Provides a Privacy Impact Assessment for CPB Home
DHS released a Privacy Impact Assessment addressing privacy risks in the collection, maintenance, use, and dissemination of the CBP Home application information.
CA1 Holds That BIA Erred by Relying on IJ’s Inadequate Nexus Analysis as to Ecuadorian Petitioner’s Asylum Claim
The court held that the BIA erred by not applying de novo review to the IJ’s ultimate nexus determination and by not recognizing or correcting the IJ’s failure to conduct the appropriate mixed-motivation nexus analysis in reaching its decision. (Mayancela Guaman v. Bondi, 4/28/25)
The Basics of Motions to Reopen EOIR-Issued Removal Orders
The American Immigration Council and the National Immigration Litigation Alliance provide this practice advisory with a basic overview of motions to reopen removal orders that are filed by EOIR.
Featured Issue: Practicing under the New Trump Administration
This page curates resources from AILA and other organizations that members may find helpful as they adapt to practicing under the new Trump Administration.
DHS Notice of Availability of Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS notice of availability of the Draft Programmatic Environmental Assessment (PEA) and Draft Finding of No Significant Impact (FONSI) for the proposed resumption of the Migrant Protection Protocols (MPP) program along the U.S. southern border. Comments are due by 5/27/25. (90 FR 17441, 4/25/25)
EOIR Issues Policy Memo Rescinding and Canceling OPPM on Change of Venue Requests
On 4/25/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-30 rescinding and canceling the 1/17/18 Operating Policies and Procedures Memorandum (OPPM) 18-01, “Change of Venue,” which provided guidance to EOIR adjudicators regarding changes of venue in immigration court.
Practice Alert: DOGE Receives Access to ECAS Records
On April 21, 2025, the Washington Post reported that representatives from the U.S. Department of Government Efficiency (DOGE) received permission to access the Department of Justice (DOJ) EOIR Courts and Appeals System (ECAS).
CA1 Finds BIA Provided Insufficient Explanation for Denying Cancellation of Removal to Guatemalan Petitioners
The court held that the BIA failed to sufficiently explain its rationale for finding the Guatemalan petitioners did not make a prima facie showing that their removal would cause exceptional and extremely unusual hardship to their U.S.-citizen children. (Chanchavac Garcia v. Bondi, 4/24/25)
CA1 Upholds Agency’s Hardship Determination as to Guatemalan Petitioners with Four Children
The court found that the agency did not depart from binding precedent, properly considered relevant factors and evaluated them in the aggregate, and correctly applied the hardship standard in denying cancellation of removal to the Guatemalan petitioners. (Mendez Nolasco v. Bondi, 4/23/25)
CA6 Finds It Lacked Jurisdiction to Review BIA’s Lozada Prejudice Determination
The court held it lacked jurisdiction to review the BIA’s denial of a motion to reopen based on ineffective assistance where petitioner sought review of BIA’s lack-of-prejudice determination and the underlying claim involved the INA §237(a)(1)(H) discretionary waiver. (Zhou v. Bondi, 4/23/25)
CA9 Upholds Asylum Denial After Finding Petitioner Was Firmly Resettled in Chile Before Arriving in United States
The court upheld the BIA’s denial of asylum pursuant to the firm resettlement doctrine, finding there was direct evidence that the Chilean government made an offer of firm resettlement, and that petitioner failed to prove the bar did not apply or show an exception. (Oscar v. Bondi, 4/23/25)
DHS Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS released a draft Programmatic Environmental Assessment for actions related to the Migrant Protection Protocols (MPP) program, outlining the purpose of and need for the proposed action, alternatives considered, the affected environment and environmental consequences, and more.
Supreme Court Says Voluntary Departure Deadlines Do Not Include Weekends or Holidays
The Supreme Court ruled that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day. (Monsalvo Velázquez v. Bondi, 4/22/25)
BIA Vacates IJ’s Order Granting CAT Protection to Former MS-13 Gang Member from El Salvador
The BIA held that the applicant, a former MS-13 gang member, failed to show a likelihood of torture in El Salvador based on the government’s state of exception policy, and thus did not meet his burden for Convention Against Torture (CAT) protection. Matter of A–A–R–, 29 I&N Dec. 38 (BIA 2025)
CA4 Holds That BIA Applied Wrong Standard for Deciding Petitioner’s Motion to Reopen
The court held that the BIA erred in finding that the petitioner, who was married after his removal proceedings began, was required to submit “clear and convincing evidence of the bona fides of the marriage” to reopen his proceedings to seek adjustment of status. (Hussen v. Bondi, 4/22/25)
Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in ensuring due process and fair hearings for people facing deportation. But the Trump Administration has made significant changes that challenge the integrity of these courts. On this page, you will find news and resources on these changes.