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
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.
CA3 Finds IJ Did Not Abuse His Discretion in Denying Petitioner’s Asylum Application in First Instance and Upon Reconsideration
The court held that the IJ did not act arbitrarily or capriciously in finding that petitioner was not entitled to asylum in the first instance, and that the IJ reconsidered the discretionary denial of asylum in accordance with 8 CFR §1208.16(e) and caselaw. (Thankarasa v. Att’y Gen., 4/10/25)
BIA Clarifies Acquiescence Standard for CAT Claims Versus Asylum and Withholding Claims
The BIA held that, to meet the acquiescence standard for Convention Against Torture (CAT) protection, it is not sufficient to prove the potential for private actor violence coupled with a speculation that police cannot or will not help. Matter of M–S–I–, 29 I&N Dec. 61 (BIA 2025)
Practice Alert: USCIS Memo on Administrative Hold on Certain Parole Programs
AILA provides a practice alert on the 2/14/25 memorandum from Andrew Davidson, Acting Deputy Director, authorizing an “immediate USCIS-wide administrative hold on all pending benefits requests” filed by noncitizens who are or were paroled into the United States under the U4U, CHNV, or FRP processes.
Practice Pointer: Recommended Steps for Creating a Congressional Inquiry
Due to changes in case assistance options, currently, the only available option to request case assistance for problematic cases is via a congressional inquiry. AILA National provides this practice pointer with recommended steps to take when preparing to request congressional assistance.
HHS Notice of Change of Eligibility Period for Refugee Cash and Medical Assistance
HHS notice of the shortening of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 12 months to four months of assistance for participants who become eligible for ORR benefits 45 days after publication of this notice. (90 FR 13370, 3/21/25)
BIA Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration
The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)
CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story
The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)
CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism
Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee processing stating that DOS has resumed processing of following-to-join beneficiaries who are relatives of refugees already in the United States.