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
CA3 Upholds Withholding of Removal Denial as to Guatemalan Indigenous Mother and Son Targeted by Gangs
The court held that substantial evidence supported the IJ’s conclusion that the petitioners, an indigenous Mayam Mam mother and her son, were targeted by gangs in Guatemala for financial reasons rather than on account of their membership in a protected group. (A. G.-G. v. Att’y Gen., 7/24/25)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has delayed collecting new fees for certain immigration benefit requests until it can operationalize its processes. AILA expects USCIS to provide details on the implementation in the coming days.
BIA Reverses IJ’s Grant of CAT Deferral to Venezuelan Respondent After Finding No Individualized Risk of Torture
The BIA held that evidence of human rights abuses in Venezuela and past threats to the respondent did not establish an individualized risk of torture, where the last threat occurred years before respondent left the country and she was unharmed. Matter of O–Y–A–E–, 29 I&N Dec. 190 (BIA 2025)
CA9 Upholds CAT Denial as to Mexican Petitioner Who Feared Retaliation from Cartels
The court upheld the BIA’s denial of protection under the Convention Against Torture (CAT), finding that the petitioner did not meet his burden to show that it was more likely than not he would be tortured upon his return to Mexico. (Perez Cruz v. Bondi, 7/21/25)
BIA Holds PSG Defined Only by Noncitizen’s Sex or Sex and Nationality Is Overbroad
The BIA held that a particular social group (PSG) defined by a noncitizen’s sex or sex and nationality, standing alone, is overbroad and insufficiently particular to be cognizable. Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025)
USCIS Announces Updated Fees Based on H.R. 1
USCIS will publish a Federal Register notice on 7/22/25 with updated fees based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after 7/22/25. USCIS will reject any form postmarked on or after 8/21/25, without the proper fees.
CA7 Remands Asylum Claim of Petitioner Who Was Persecuted by Man Who Allegedly Killed Six of Her Family Members
The court found that the petitioner had shown the requisite nexus between her family membership and her persecution and had endured a prolonged pattern of threats and accompanying violence, and had thus established past persecution. (Mejia-Hernandez, et al. v. Bondi, 7/17/25)
EOIR Issues Policy Memo on Statutory Fees Under the One Big Beautiful Bill Act
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-35, addressing updates in the statutory fees under the One Big Beautiful Bill Act. On 7/17/25, PM 25-36 (amended) was posted to replace this PM and clarify certain points for adjudicators, including updates to the table of EOIR fees.
Policy Brief: The Dignity Act of 2025
On July 15, Congresswomen Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX) and 18 other House members introduced an updated version of the “Dignity Act.” This brief provides an analysis of key parts of the bill.
Practice Alert: Some Immigration Courts Accept Asylum Application Filings Without $100 Fee Receipt
Updated reports from members indicate some immigration courts are accepting Form I-589 filings without proof of fee payment, while other courts are reportedly still rejecting them.
Agreement Between U.S. and Honduran Governments for Cooperation in Examination of Protection Requests
DHS published an agreement between the U.S. and Honduran governments to cooperate on protection requests, signed 3/8/25 and amended 6/25/25. It outlines conditions for Honduras to process protection requests for some asylum seekers who sought protection in the U.S. (90 FR 30076, 7/8/25)
USCIS Notice of Immigration Fees Required by HR-1 Reconciliation Bill
USCIS notice announcing new fees pursuant to HR-1 (the “One Big Beautiful Bill Act”), to whom the fees apply, instructions for payment, when and if they may be waived, and consequences of the failure to pay. Fees must be submitted for forms postmarked on or after 7/22/25. (90 FR 34511, 7/22/25)
CA3 Remands for BIA to Apply Proper Legal Standard on Nexus for Religious Persecution
The court held that, by relying on both subordination– and animus-based tests in evaluating whether the petitioner was persecuted on account of his religion, the IJ and BIA applied the wrong legal standard for the nexus between religion and persecution. (Tipan Lopez v. Att’y Gen., 6/30/25)
USCIS Policy Alert Clarifying Refugee and Asylee Marriage Validity
USCIS updated its Policy Manual to limit recognition of marriages between a principal asylee or refugee and a derivative spouse for immigration benefit purposes to those legally valid in the jurisdictions where they were celebrated. Earlier policy recognized informal marriages in some circumstances.
CA7 Upholds Asylum Denial After Finding Petitioner Could Reasonably Relocate within India
The court held that substantial evidence supported the BIA’s conclusion that petitioner could reasonably relocate within India to avoid persecution, and thus that he was ineligible for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Singh v. Bondi, 6/23/25)
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)
Annual Conference
The 2025 AILA Annual Conference on Immigration Law was held on June 18-21 in Denver, CO.
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)