2025 Immigration Law Practice Updates

Aftermath of Initial Executive Actions (Week One)

American Immigration Council’s Analysis of Trump’s First Executive Actions

AILA Policy Brief on Day One Executive Actions

Immigration Justice Campaign

Guidance to Volunteer Attorneys

in the Wake of Administration’s First Week of Actions

Expanded Expedited Removal

As of January 21, 2025, the Department of Homeland Security (DHS) has

expanded its use of expedited removal.

Expedited removal is the process by which Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) can quickly remove someone they believe to be undocumented from the U.S., without a hearing before an immigration judge.

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Under DHS’s current expansion of expedited removal, the following individuals are subject to expedited removal: Undocumented individuals encountered anywhere in the U.S. without proper entry documentation, and who have been continuously present in the United States for less than two years. The burden of proving more than two years of physical presence in the U.S. is on the individual.

In implementing the expansion of expedited removal, DHS has directed immigration officials to review cases of undocumented individuals, to identify whether they are subject to expedited removal, including taking steps to terminate an active temporary parole status or ongoing removal proceedings before an immigration judge, and placing them into expedited removal instead. Additionally, DHS has also indicated an intention to prioritize those eligible for expedited removal who did not file for asylum within the statutory one year of their physical presence in the U.S.

For IJC volunteer attorneys,

this means that if your client has been in the country for less than 2 years, and entered without inspection, without a lawful entry document, or currently holds a temporary parole status that can be terminated or revoked (such as TPS), they may be at risk of expedited removal.

The best protection for a client who has been here for less than 2 years is a pending application.

In most cases, this will be a pending asylum application. If you are representing a client in an asylum process, it is imperative that you get an I-589 on file as soon as possible.

Clients who entered the U.S. prior to January 2023

should collect proof of physical presence documents covering a period longer than two years. Examples include utility bills, school enrollment verification for children, or letters from employers.

Additionally, if your client is picked up and/or detained by ICE,

they should affirmatively express any fear of return to their country of nationality to ICE officials, as it’s likely that they will not be asked these questions by the government.

Useful Links for Additional Information on Expedited Removal

For Background: American Immigration Council

Fact Sheet on Expedited Removal.

DHS Memo on Implementing Expanding Expedited Removal.

Changes to Asylum Eligibility and Processing in Immigration Courts

Termination of the Use of CBPOne App

President Trump has ordered the end of the use of the CBP One application as a method of making an appointment to present at a port of entry to seek parole or entry to the U.S. This phone application, which was initiated under the Biden administration, was used by asylum seekers to request appointments to present themselves at the border to seek asylum. Eliminating the use of this application essentially shuts down the U.S. Southern Border to asylum seekers. All appointments that had been scheduled for a future date were immediately cancelled, leaving hundreds of thousands of asylum seekers on the Mexican side of the border in limbo.

It does not appear that this policy change is retroactive. Therefore,any IJC client who entered the U.S. prior to January 20, 2025, and had used the CBP One application to enter,

is considered to have entered “lawfully” and should explain their use of CBP One to enter in the course of their asylum proceedings, particularly if they entered the U.S. after May 2023, and are subject to either the Circumvention of Lawful Pathways or Securing the Border asylum regulations. For additional information on these two regulations and the importance of CBP One use for entry to the U.S. during that time, see IJC's

practice advisory

on this issue.

EOIR Reinstatement of Policy Memos on Asylum Processing and Adjudications

On February 3, 2025, EOIR reinstated several former policy memos on asylum processing and adjudication timelines in Immigration Courts. In accordance with these memos:

• IJC volunteer attorneys should take note that

  defensive asylum applications (those filed in court) must include a response to every question on the form, be signed, and be accompanied by the required materials; otherwise, incomplete applications will be rejected and returned to the applicant.

• We advise that IJC attorneys begin working on the supplemental asylum materials

  such as the client’s declaration, country conditions, and legal briefing

  in conjunction with or immediately after filing the Form I-589

  as the time to prepare prior to an individual hearing may be compressed significantly (45 days in non-detained cases and 14 days in detained matters).

• If seeking a continuance of an asylum case in immigration court,

  an applicant may need to show both ‘good cause’ and ‘exceptional circumstances’ if such a request would put the adjudication of the client’s asylum application beyond 180 days from the time the application was filed. Additionally, applicant caused delays via continuances, may stop the running of the client’s 180-day asylum clock for purposes of seeking a work permit so we advise being judicious with such requests.

• IJC attorneys should ensure that clients’

  biometrics

  are completed and up to date prior to individual hearings,

  as an immigration judge is not required to postpone an individual hearing solely for purposes of biometrics completion.

The points above are not exhaustive, and

IJC Volunteer attorneys are encouraged to review the memos (linked below) directly, and reach out to their IJC mentor with any questions.

2020 EOIR Policy Memo on Asylum Processing

2018 EOIR Policy Memo on Adjudication of Asylum Applications

Changes to Immigration Court Practice

Since the Trump administration has taken office, the state of immigration court practice has been changing rapidly (sometimes on a weekly basis), including reverting back to previous policies.

Therefore, the best advice for IJC attorneys is to always review the most updated Immigration Court Practice Manuals and current EOIR policy and director’s memoranda in effect, which can be found on

EOIR’s website,

as well as applicable statute, caselaw, and regulation, prior to filing documents with the immigration court, and when in doubt, consult with your IJC mentor. While not meant to be exhaustive, we have provided some of the critical changes and updates below

Changes to Immigration Court and BIA Practice Manuals

EOIR has taken down the previous versions of the Immigration Court Practice Manual and the BIA Practice Manuals pursuant to

EOIR Policy Memo (PM) 25-02 on EOIR’s Core Policy Values.

Moving forward, EOIR has released one unified

Policy Manual available on the EOIR Website,

with separate sections for

Immigration Court Practice (Part II)

and

BIA Practice (Part III).

This new Policy Manual informs immigration court and BIA practice and should be followed by practitioners, to the extent it does not contradict statute or other regulation.

DHS Enforcement Priorities and Prosecutorial Discretion

The Trump administration issued

an Executive Order (EO) revoking the Biden administration’s previous civil enforcement priorities,

and directed DHS to revoke all underlying memoranda, guidance, or other policies based on the previous administration’s enforcement priorities. The current administration’s enforcement priorities are much more expansive, and include illegal entry, unlawful presence, people with final orders of removal, and essentially any undocumented person. The EO also directs DHS to expand the use of expedited removal.

In light of this EO, the EOIR Acting Director

rescinded a 2023 Director’s Memo

outlining guidance to immigration judges on the DHS enforcement priorities and exercise of PD, which had relied on former DHS Secretary Mayorkas’ September 2021 and former DHS Principal Legal Advisor Kerry Doyle’s April 2022 Memos with guidance to OPLA attorneys.

As a result, the previous Mayorkas and Doyle memoranda are now no longer in effect and should not be relied upon or referenced. However, the concept of prosecutorial discretion itself is age-old and indispensable to a functioning legal system. DHS itself has conceded that prosecutorial discretion ‘is the longstanding authority of an agency charged with enforcing the law to decide where to focus its resources and whether or how to enforce the law against an individual.’ Therefore, we encourage IJC volunteer attorneys to continue to use tools such as federal regulationsto support requests for dismissal, termination, or other forms of discretion where appropriate. For any such requests to DHS, IJC attorneys should direct their inquiries to DHS duty attorney inboxes, noting the relevant settlement agreement in the subject line as the prosecutorial discretion email inboxes have been removed from the ICE website and are no longer being utilized.

Seeking Continuances in Immigration Court

On February 3, 2025, EOIR reinstated a 2021 PM on the granting of continuances

in immigration court, which essentially raises the standards for practitioners seeking continuances in immigration court, makes such requests more challenging to obtain, and discourages continuance requests for attorney preparation time.

IJC volunteer attorneysshould ensure that their clients have complied with all biometrics requirements prior to the client’s individual merits hearing, because immigration judges are not required to grant continuances for the purposes of biometrics completion.

When in the client’s best interest, IJC attorneys can also argue against continuances when ready to proceed, if DHS fails to appear at a hearing or fails to possess the respondent’s file at the hearing.

For more information about the standards and arguments required to seek a continuance, and specific circumstances in which continuances are appropriate or required, please review the

policy memo directly.

See also the section above on changes to asylum processing.

Laken-Riley Act and Expanded Mandatory Detention

The Laken-Riley Act was signed into law on January 29, 2025. This Act has two major components, the main of which makes more individuals subject to mandatory detention and ineligible for bond under INA Section 236(c). Specifically, the Act requires mandatory detention for noncitizens who are inadmissible for having entered without inspection or parole, and who have been arrested for, charged with, convicted of, or admit that they committed any of the following crimes or elements thereof as defined under the relevant jurisdiction where the acts occurred: burglary, theft, larceny, shoplifting, assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person.

For IJC volunteer attorneys, if your client has been arrested for a crime (even if they weren't convicted) please review IJC’s practice advisory on this new law and its impacts, linked below.

Useful links on Laken-Riley Act

IJC

Practice Advisory for Volunteer Attorneys on Laken-Riley Act

National Immigration Project Community Explainer

Changes to Parole

For information on parole and recent changes to parole programs generally, see the links below. If your IJC client experiences changes in their current parole status that otherwise impacts their immigration matter with IJC, please reach out to your IJC mentor directly. For any IJC clients who are at risk of losing a temporary parole status or have otherwise already lost such status, we advise that if they have a fear of return to their country of origin, that they file an asylum application as soon as possible, if they haven’t already, and/or apply for additional forms of immigration relief or visas for which they may be eligible. We also advise reviewing the Know Your Rights Guidance below and sharing with your client.

Useful Links for Additional information on Parole and TPS

American Immigration Council

Fact Sheet on Parole

American Immigration Council

Fact Sheet Overview of TPS

American Immigration Council

Immigration Impact Post on Venezuelan TPS and CHNV Parole

IRAP

IExplainer on Initial Trump Actions on Parole

For information on parole as a form of release from immigration detention, please navigate to the Parole page of IJC’s Get Trained site.

Know Your Rights Information

In light of increased immigration enforcement under the current administration, it’s even more important for clients to be aware of their rights in various situations, should they be confronted by immigration officials or local law enforcement officials working in collaboration with federal immigration authorities. The Trump administration has rescinded longstanding guidance that had previously prevented ICE enforcement actions in “sensitive locations” such as schools, healthcare facilities, places of worship, social services establishments, public religious ceremonies, or public demonstrations, among others. The Immigration Courts and ICE have also reinstated policies that allow for civil immigration enforcement actions at or near courthouses, including in immigration courts and their surrounding or attached facilities

Below, you will find a variety of resources to help you advise your clients on how they can protect themselves and their loved ones in this era of immigration enforcement.

IJC’s Know Your Rights Guidance to Volunteer Attorneys

National Immigration Law Center’s

Know Your Rights Guidance and Resources

IJC’s

Guidance for Clients with Pending Asylum Applications

Template ICE Carry Letter

for Clients with Pending Asylum Applications

CLINIC’s

Know Your Rights Resources

(available in various languages)

Sample Family Preparedness Plans:

• CLINIC’s

  50 State Resource Emergency Preparedness for Immigrant Families

• Immigrant Legal Resource Center Step-by-Step Family Preparedness Plan:

  this plan has a focus on California documents for those residing in California, but provides a helpful example that can be modified in accordance with other state’s laws

• Women’s Refugee Commission:

  Essential Steps for Migrant Parents for Preventing Family Separation

Navigating Next Steps when a Client Gets Detained By ICE

In the event that your client or their family member is apprehended and detained by Immigration and Customs Enforcement (ICE), below is information on locating detained individuals and next steps in assisting them.

AILA Practice Pointer on How to Locate Clients Apprehended by ICE

Online ICE Detainee Locator System

National Immigrant Justice Center Guide:

This resource provides next steps to take when a client is detained by ICE. Though it focuses on the Chicago area, much of the information is generally applicable to detained proceedings.

Additional Useful Links to Track Changes in Immigration Policy

Stanford Law Professor Lucas Guttentag’s

Immigration Policy Tracking Project