Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
CA5 Upholds Asylum Denial to Honduran Woman Who Received Extortion Demands and Death Threats from Gang
The court held that petitioners’ two proposed particular social groups (PSGs)—unprotected Honduran women who are unable to protect themselves or their children from Honduran gangs and Honduran witnesses to gang violence and threats—were not cognizable. (Bustamante-Leiva v. Garland, 4/19/24)
Practice Alert: USCIS Case Status Notifications
AILA has received reports of USCIS sending notifications of case status updates, which do not include case identifying information. Additionally, members report receiving alerts even if their notification settings on their myUSCIS accounts are set to “off.” AILA has reached out for more information.
Think Immigration: Judge Dolly Gee Upholds Necessary Protections of Migrant Children in Recent Court Ruling
AILA Media Advocacy Committee Chair Evangeline Chan highlights the recent ruling by Judge Dolly Gee who again reminds the government that the Flores Settlement binds them to ensure that children are provided with a certain standard of care when detained.
CA6 Finds BIA Abused Its Discretion by Applying Incorrect Legal Standard in Denying Iraqi Petitioner’s Motion to Reopen
The court held that the BIA had abused its discretion in denying the petitioner’s motion to reopen based on changed country conditions in Iraq, finding that the BIA had used an incorrect legal standard to assess whether the evidence offered was material. (Abdulahad v. Garland, 4/11/24)
USCIS Will Reject Improperly Filed Affirmative Asylum Applications after May 9
USCIS issued a reminder that effective 5/9/24, it will reject affirmative asylum applications improperly filed at service centers instead of the lockbox with jurisdiction. Always check the USCIS website for the proper filing location.
AILA Meets with CIS Ombudsman's Office (4/9/24)
AILA's liaison committees met with the CIS Ombudsman's Office on 4/9/24. Read the agenda.
Practice Alert: DHS Announces Temporary Increase of the Automatic Extension for Certain EAD Applicants
DHS announced that it will issue a Temporary Final Rule providing that the automatic extension period applicable to expiring EADs for renewal applicants will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.
AILA Sends Letter on Social Security Process for Asylees
AILA's Asylum and Refugee National Committee sent suggestions to the Social Security Administration for improvements to the Social Security Number application process for asylum seekers and asylees.
USCIS Provides FAQs on 2024 Final Fee Rules
USCIS provided FAQs on the 2024 final fee rule that went into effect on April 1, 2024. It created these FAQs from questions that stakeholders submitted through USCIS national engagement and other channels. Check the website for the most recent version.
USCIS Issues Policy Guidance on Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule
USCIS revised its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on January 31, 2024, and effective April 1, 2024.
Asylum Cases on Relocation
This issue-specific page lists published asylum cases that relate to the applicant’s ability to relocate. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Featured Issue: USCIS Final Rule Adjusting Its Fee Schedule
Use this page to stay on top of the 2024 USCIS final rule adjusting its fee schedule. USCIS has stated that it will use the postmark date of filing to determine if the correct form version and fees were submitted.
CA1 Remands Egyptian Petitioner’s Asylum Claim Premised on Mixed-Motive Persecution
The court granted the petition for review as to the petitioner’s asylum claim premised on mixed-motive persecution, finding that the religion of the petitioner, who was a Coptic Christian, qualified as a central reason for his beating by the Muslim Brotherhood. (Khalil v. Garland, 3/29/24)
AILA's Asylum Primer: A Practical Guide to U.S. Asylum Law and Procedure, 9th ed.
The new edition of AILA's Asylum Primer is your all-in-one reference and comprehensive, practical guide to U.S. asylum law and procedure that has been updated to address changes since the release of the last edition in 2019.
AILA Joins Sign-on Letter Urging Extension and Redesignation of TPS for Haiti
AILA joined the Haitian Bridge Alliance and 480 other organizations in a letter to the White House, DHS, and DOS requesting an extension and redesignation of the Republic of Haiti for TPS and a moratorium on deportations to the Republic of Haiti.
AILA Sends Letter to Congress with Recommendations on FY2025 Appropriations
AILA sent a letter to Congressional leadership recommending that they prioritize adequate funding for the immigration system in the FY2025 appropriations necessary for establishing a more efficient system.
USCIS Reopens Field Office in Tegucigalpa, Honduras
USCIS announced the reopening of an international field office in Tegucigalpa, Honduras. The Tegucigalpa Field Office will focus on increasing refugee processing capacity and helping reunite individuals with their family members already in the United States.
CA9 Remands Asylum Claim of Petitioner Who Claimed He Was Persecuted in India Due to His Membership in the Mann Party
The court held that the record compelled the conclusion that the petitioner experienced past harm rising to the level of persecution, and that the BIA erred in its internal relocation analysis for purposes of asylum and withholding of removal. (Singh v. Garland, 3/22/24)
AILA Provides Pre-Submitted Q&As from USCIS Spring Conference Panel
AILA provided the pre-submitted Q&As from the USCIS panel of the 2024 Spring Conference on March 22, 2024. Topics included myUSCIS accounts, APIs, expedite requests, field office adjudications, TPS, and the asylum program fee.
CA7 Upholds Asylum Denial to Petitioner Targeted by Extortionists in Honduras
The court held that substantial evidence supported the BIA’s determination that the petitioner, who claimed she was targeted by extortionists in Honduras, had not established that she had been, and would continue to be, persecuted on account of a protected status. (Cruz v. Garland, 3/21/24)
CA1 Remands Petitioner’s Withholding Claim Where BIA Mischaracterized Her Gender-Based PSG
The court held that the BIA’s mischaracterization of the petitioner’s proposed particular social group (PSG)—which the court found could be restated simply as “Trinidadian women who oppose gender-based domestic violence”—was a legal error. (Ferreira v. Garland, 3/21/24)
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
AILA shares an updated practice alert regarding the Padilla v. ICE settlement. This practice alert includes more detailed information on contacting class counsel regarding potential violations of the settlement in individual cases, as well as the current status of the litigation.
CA6 Upholds Asylum Denial After Finding No Nexus Between Petitioner’s Harm and Her Identity as a Mayan Akateko Woman
The court upheld the BIA’s and IJ’s conclusions that petitioner had failed to demonstrate a nexus between her particular social group (PSG) and the harm she experienced, and had not shown that the Guatemalan government had acquiesced in her mistreatment. (Sabastian-Andres v. Garland, 3/20/24)
AILA Sends Letter to White House with Recommendations for Executive Action and Regulations
AILA sent a letter to the White House with ten recommendations it could take immediately via executive action and regulations on immigration.
USCIS Invitation to Webinar on HART's One-Year Anniversary
USCIS invites stakeholders to a Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center engagement on Wednesday, March 27. USCIS will share updates and answer Q&As.