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
Presidential Proclamation Declaring a National Emergency at the U.S. Southern Border
On 1/20/25, President Trump issued Proclamation 10886 declaring a national emergency at the southern border of the United States. (90 FR 8327, 1/29/25)
Presidential Proclamation Suspending Entry at the Southern Border
On 1/20/25, President Trump issued Proclamation 10888, which identifies asylum seekers seeking entry at the southern border as an “invasion” against which the states need “protection,” and suspends physical entry until the president determines that the “invasion” has ended. (90 FR 8333, 1/29/25)
EOIR Rescinds and Cancels Policy Memo on Migrant Protection Protocols and Motions to Reopen
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05, “Cancellation of Policy Memorandum 21-26,” rescinding and canceling the 6/24/21 PM 21-26, “Migrant Protection Protocols and Motions to Reopen,” which addressed EOIR-related aspects of the Migrant Protection Protocols (MPP).
CA5 Finds That BIA Failed to Consider Critical Evidence in Its Likelihood-of-Torture Assessment as to Salvadoran Petitioner
The court held that the BIA’s apparent failure to consider the petitioner’s affidavits in connection with his country conditions evidence on El Salvador warranted remand for further consideration of his Convention Against Torture (CAT) claim. (Aguilar-Quintanilla v. McHenry, 1/24/25)
CBP's Carrier Liaison Program Announces Updated Guidance Based on EO, Securing Our Borders
Updated guidance has been issued to airline carriers in relation to all impacted programs: U4U, OAW, FRP, CHNV, SMO, CAM.
Practice Alert: Significant Implications for Parolees in New DHS Memo
A new DHS memo has significant implications for any clients who entered on parole and how DHS plans to implement the recent executive order that expanded expedited removal to include noncitizens who entered in the past two years and are in the interior of the U.S.
DHS Issues Guidance on How to Exercise Enforcement Discretion
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
CBP's Carrier Liaison Program Announces Executive Order on Securing Our Borders
Following President Trump's executive order, which ended CHNV, CBP's Carrier Liaison Program alerts carriers of potential fines for any failure to follow the new guidance.
CBP Announces Removal of Scheduling Functionality in CBP One App
CBP announced removal of the scheduling functionality within the CBP One mobile application, effective 1/20/25, at 12:00pm (ET). Previously, noncitizens were able to submit advanced information and schedule appointments at eight southwest border ports of entry. All appointments have been cancelled.
DHS Reinstates Migrant Protection Protocols
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
Practice Alert: Changes to CBP One Application
AILA's CBP OFO Committee provides an update on the CBP One application functionalities post the recent executive order to cease use of the application to facilitate entry into the U.S.
Practice Alert: Order Rescinding a Number of EOs Impacts Immigration Policy
On January 20, 2025, President Donald Trump signed the Executive Order “Initial Rescissions of Harmful Executive Orders and Actions” (“Initial Rescissions”). This Executive Order rescinds a number of Biden executive orders, many of which had in turn rescinded a Trump 1.0 executive order.
President Trump's America First Priorities Announced
The Trump Administration has released it's first set of priorities, among them, the "Make America Safe Again," which include immigration-related priorities. Among these are, reinstating Remain in Mexico policies and deportation operations, among others.
Practice Alert: Certain Mandatory Bars Applied in USCIS Fear Screenings
On January 17, 2025, a new rule is in effect. This rule amends the fear screening process (credible and reasonable fear interviews) to provide for the application of certain mandatory bars in the initial interview process during expedited removal.
CA1 Upholds Asylum Denial as to Ecuadorian Petitioner Who Was Attacked at Soccer Game and Denied Medical Care
The court upheld the BIA’s conclusion that the Ecuadorian petitioner had failed to establish a nexus between his attack at a soccer game and any protected ground for asylum, and had not shown a well-founded or reasonable fear of future persecution. (Vargas Panchi, et al. v. Garland, 1/13/25)
CA6 Upholds Asylum Denial as to Guatemalan Petitioner Threatened by Gang Members Who Extorted Him for Money
Where the petitioner had been extorted for money by suspected gang members in Guatemala, the court upheld the BIA’s and IJ’s determination that the petitioner’s particular social group (PSG)—“people afraid of gangs in Guatemala”—was not legally cognizable. (Mateo-Esteban v. Garland, 1/13/25)
CA1 Finds BIA Applied Incorrect Legal Test for Acquiescence in Evaluating Nigerian Petitioner’s CAT Claim
The court found that the BIA failed to correctly apply the appropriate legal test for acquiescence in evaluating the administrative denial of the Nigerian petitioner’s application for deferral of removal under the Convention Against Torture (CAT). (Akinsanya v. Garland, 1/10/25)
Practice Alert: Update on Defensive Asylum Biometrics Processing
On January 6, 2025, USCIS confirmed to AILA that members who filed requests for defensive asylum biometrics prior to and after September 2024 will be automatically scheduled for a biometrics appointment if needed, once an individual merits hearing date is issued.
Practice Alert: Redacted Samples of Credible Fear Interviews
Redacted samples of credible fear interviews show how asylum officers are adjudicating new asylum standards under the Secure the Border final rule that was originally introduced as an interim final rule in June 2024 and finalized in October 2024.
CA1 Upholds Asylum Denial as to Brazilian Petitioners Who Feared Persecution on Account of Their Family Membership and Political Opinion
The court held that the Brazilian petitioners had failed to show a well-founded fear of persecution based on either their membership in a particular social group (PSG) consisting of “the Rodrigues family” or based on their political opinion. (Reginaldo Rodrigues, et al. v. Garland, 12/27/24)
Practice Alert: Asylum EAD Clock Settlement Agreement FAQs
NWIRP and NILA provide a practice alert on the final settlement agreement in Garcia Perez v. USCIS challenging the policies and practices of USCIS and EOIR preventing asylum seekers from obtaining authorization to work while their asylum claims are pending.
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Registration is open for Spring 2025! Learn Spanish legal terminology in U.S. Criminal and Immigration Law. Taught by field experts, this course runs Feb. 3–Apr. 11, 2025, featuring live online interactions to enhance cross-cultural communication. Register now!
DOJ Interim Final Rule Clarifying Bars of Eligibility During Credible Fear and Reasonable Fear Review
DOJ interim final rule with request for comments clarifying that immigration judges' de novo review of asylum officers' credible fear and reasonable fear determinations can include a review of the asylum officers' application of any bars. Effective 12/27/24. (89 FR 105392, 12/27/24)
DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
DHS/DOJ interim final rule delaying the Security Bars and Processing Final Rule until 12/31/25. Comments are due by 1/27/25. (89 FR 105386, 12/27/24)
Register Now with Special Discounts for AILA Members: Spanish for Lawyers
Registration is open for Spring 2025! Learn Spanish legal terminology in U.S. Criminal and Immigration Law. Taught by field experts, this course runs Feb. 3–Apr. 11, 2025, featuring live online interactions to enhance cross-cultural communication. Register now!