Executive Office for Immigration Review (EOIR)

Rule Changes

Co-issued the interim and final rules with DHS

The Department of Homeland Security (DHS) has retroactively validated every immigration fine issued under its interim civil-penalty rules from June 27, 2025, through October 13, 2026. The October 26 notice covers penalties assessed under 8 CFR part 281, the procedure created by that interim rule. DHS issued it out of caution and says it does not mean the fines would have been invalid without it.

Updated Nov 1

Rule Changes

Issued the rule, then refused to defend it

The Supreme Court on October 27 refused, without comment or noted dissent, to revive a 2024 regulation that let immigration judges pause deportation cases. That leaves in place a June 2026 agreement between Texas and the Justice Department that threw the rule out.

Updated Oct 29

Rule Changes

Defendant in the FOIA lawsuit

A lawsuit filed Oct. 15 by two civil rights groups seeks records on 'mega master' immigration hearings, where 100 or more people can be scheduled in a single courtroom session. The Executive Office for Immigration Review, the Justice Department agency that runs the immigration courts, has not released any documents in response to the groups' July 15 request, according to the complaint.

Updated Oct 25

Rule Changes

As of September 2026: Receives asylum cases referred without USCIS interviews

A person denied asylum in the United States can no longer file a new application on the same claim. The rule took effect immediately, covering every new and pending asylum application.

Updated Sep 20

Rule Changes

As of September 2026: Employing agency for immigration judges

A San Francisco immigration judge says she was fired 48 hours after challenging ICE's detention of a migrant. "If you do something even small that they don't like, they're gonna fire you," she told Bay Area News.

Updated Sep 11

Rule Changes

As of September 2026: Directing judges to limit continuances for unaccompanied children to 21 days

An 8-year-old Guatemalan girl attends public school in San Francisco. She also appears alone in Concord immigration court, fighting a deportation case she's too young to understand. Her mother can't accompany her — she lacks legal status and risks arrest.

Updated Sep 7

Rule Changes

As of May 2026: Defending a speaking-engagement policy that immigration judges call a gag rule

Immigration judges say the Justice Department has effectively muzzled them: speak publicly about immigration and you need permission, and what you say can be steered into "agency talking points." The Trump administration's response has been procedural. You don't get federal court—go through the civil-service machinery first.

Updated May 15