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
CA11 Finds That Honduran Business Owners Targeted for Wealth Is Not a Cognizable PSG
The court upheld the BIA’s denial of asylum, finding that the petitioner’s proposed particular social group (PSG)—Honduran business owners who are “perceived as having wealth” and are “target[s] of threats and extortion by … criminal gangs”—was overly broad. (Ponce v. Att’y Gen., 6/23/25)
BIA Finds IJ Erred in Concluding Respondent Would More Likely Than Not Be Tortured in Detention in Haiti
The BIA concluded that the IJ factually and legally erred in determining that the respondent established that he more likely than not would be tortured in detention in Haiti by or with the acquiescence of a public official upon his removal. Matter of S–S–, 29 I&N Dec. 136 (BIA 2025)
Call for Examples – Affirmative I-589 “dismissed” by USCIS because applicant has a prior Expedited Removal Order (Form I-860)
AILA’s Asylum and Refugee Committee has received reports that some affirmative asylum applications are being dismissed by the Asylum Vetting Center on the basis of alleged expedited removal orders. The committee is currently gathering examples to better understand the scope and nature of this issue.
CA9 Remands Asylum Claim Where BIA Failed to Consider Impact of Petitioner’s Past Experiences on Her Religious Practice
The court concluded that, in determining whether the Brazilian petitioner experienced harm rising to the level of persecution, neither the BIA nor the IJ considered the impact of petitioner’s past experiences on her ability to freely practice her religion. (De Souza Silva v. Bondi, 6/11/25)
CA7 Finds No Nexus Between Gang Threats and Petitioner’s Membership in “Young Male Salvadorans” Social Group
The court upheld the denial of the petitioner’s asylum and withholding of removal claims, holding that substantial evidence supported the IJ’s conclusion that petitioner failed to establish a nexus between the harm he suffered and his proffered social group. (De Paz-Peraza v. Bondi, 6/9/25)
USCIS Policy Alert on Rescission of the USCIS Statelessness Policy
USCIS is rescinding policy guidance in the USCIS Policy Manual regarding stateless people present in the United States. The 2023 guidance created a process for producing reports on statelessness that officers could use in determining statelessness, upon an officer’s request. Comments are due 7/7/25.
BIA Holds That IJ’s Predictive Findings on Harm Respondent Would Suffer in Russia Were Speculative
The BIA held that the IJ’s predictive findings on the harm respondent would suffer in Russia based on his travel to the United States and his support for Ukraine were speculative, and vacated the grant of Convention Against Torture (CAT) protection. Matter of E–Z–, 29 I&N Dec. 123 (BIA 2025)
CA2 Holds That Agency Properly Relied on Border Interview in Making Adverse Credibility Determination
The court held that because the agency considered petitioner’s argument about the reliability of his border interview, it properly relied on the interview in making an adverse credibility determination under the REAL ID Act’s totality-of-the-circumstances standard. (Singh v. Bondi, 6/3/25)
DOS Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962
DOS public notice determining that assistance to migrants without legal basis to remain in the United States to voluntarily return to their country of origin or country of legal status will contribute to the foreign policy interests of the United States. (90 FR 23096, 5/30/25)
DOS 60-Day Request for Comments on Revision of SIV Biodata Form
DOS notice of request for comments on revision of Form DS-234, Special Immigrant Visa (SIV) Biodata Form. The form elicits information used to determine the eligibility of certain Iraqis and Afghan SIV recipients for refugee resettlement benefits. Comments are due 7/29/25. (90 FR 23097, 5/30/25)
DHS Requests Comments on Collection of Biographic and Employment Identifiers on Immigration Forms
DHS requests comments on generic clearance for the collection of certain biographic and employment identifiers on immigration forms. This collection is to be used by USCIS to assess eligibility for immigration-related benefits. Comments are due 7/28/25. (90 FR 22750, 5/29/25)
BIA Holds That Nexus Requires More Than Statistical Likelihood or Coincidence
The BIA held that there must be some showing of a connection between the persecutors’ actions and the protected ground beyond speculation such that the alleged harm is not solely stemming from statistical likelihoods or coincidence. Matter of C–I–R–H– & H–S–V–R–, 29 I&N Dec. 114 (BIA 2025)
CA2 Upholds Asylum Denial Where Petitioner Relied on General Country Conditions Evidence and Single Incident of Police Misconduct
The court held that petitioner’s testimony regarding a single incident of police misconduct was insufficient to show that the Indian government was unable or unwilling to protect him, and that general country conditions evidence did not compel a different result. (Singh-Kar v. Bondi, 5/21/25)
Arguing Against Pretermission of Asylum Cases in Immigration Court
This practice pointer outlines legal arguments for challenging pretermission of asylum applications for clients in removal proceedings. This comes after EOIR's recent policy memo, PM 22-28, published on April 11, 2025.
USCIS 30-Day Notice and Extension of Comment Period on Extension Without Change of Form I-590
USCIS notice to allow an additional 30 days for public comments on the extension, without change, of form I-590, Registration for Classification as a Refugee. Comments will be accepted until 6/18/25. (90 FR 21325, 5/19/25)
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)
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)
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.
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.
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)
Update on Third Country Removals – Nationwide Class Certified and Preliminary Injunction Issued
Today, a federal court certified this nationwide class related to third-country removals in DVD v. DHS, litigated by NILA, NWIRP, and HRF.
BIA Reverses Grant of CAT Protection to Russian Respondent After Finding IJ Applied Wrong Legal Standard
The BIA held that the IJ applied the wrong legal standard for protection under the Convention Against Torture (CAT) in determining that the respondent “could be” subject to torture instead of that he would “more likely than not” be tortured. Matter of N–N–B–, 29 I&N Dec. 79 (BIA 2025)
BIA Issues Ruling on PSG Analysis Based on “Former” Status
The BIA held that, where a particular social group (PSG) is defined by “former” status, IJs must ensure the persecutor’s conduct was based on a desire to overcome or animus toward respondent’s membership in a group defined by that status. Matter of O–A–R–G–, et al., 29 I&N Dec. 30 (BIA 2025)
EOIR Issues Policy Memo on Pretermission of Legally Insufficient Asylum Applications
On 4/11/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-28 to provide guidance on the legal standards related to the pretermission of a legally insufficient application for asylum.