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
EOIR Policy Memorandum (PM 26-01) on the Annual Asylum Fee
EOIR Director issued Policy Memorandum 26-01 on the annual asylum fee. EOIR will waive the fee for asylum applications that were pending for one year or more 4/5/25-9/30/25 and administratively final as of 9/30/25. EOIR will apply the fee to applications pending for one year or more as of 10/1/25.
USCIS and EOIR Partial Withdrawal and Correction of Final Rule on Security Bars and Processing
USCIS and EOIR partial withdrawal and correction of Final Rule on Security Bars and Processing. The rule allows the agencies to consider public health risks a security risk bar to asylum and withholding of removal in the event of a public health emergency, effective 12/31/25. (90 FR 61035, 12/30/25)
DHS Announces Rule Allowing Consideration of Public Health Risks as Bar to Asylum
DHS announced publication of a final rule that allows DHS and DOJ to consider public health risks as a security risk bar to asylum and withholding of removal in the event of a public health emergency, effective 12/31/25. An advance copy of the rule, which will be published 12/30/25, is available.
DHS Notice of U.S.-Paraguay MOU for Cooperation in Examination of Protection Requests
DHS published the Memorandum of Understanding (MOU) between the U.S. and Paraguay for Cooperation in the Examination of Protection Requests. It was signed by representatives from DHS, DOS, and the Paraguayan National Commission for Stateless Persons and Refugees on 8/14/25. (90 FR 60114, 12/23/25)
CA1 Upholds Asylum Denial as to Guatemalan Petitioners Who Were Targeted for Extortion
The court held that substantial evidence supported the denial of asylum and related relief, finding that the Guatemalan petitioners were targeted for criminal extortion rather than a protected ground and could reasonably relocate within Guatemala. (Ramos-Hernandez, et al. v. Bondi, 12/22/25)
CA9 Upholds Asylum Denial After Finding Nicaraguan Petitioner’s Childhood Trauma Did Not Excuse Untimely Filing
The court held that it had jurisdiction to review the BIA’s extraordinary circumstances determination, but found that substantial evidence supported the BIA’s conclusion that childhood trauma did not excuse the petitioner’s 13-year delay in filing for asylum. (Ruiz v. Bondi, 12/22/25)
AILA Submits Comment Opposing the 2025 Public Charge Grounds of Inadmissibility Proposed Rule
On December 18, 2025, AILA submitted a comment opposing the 2025 Proposed Rule on Public Charge Grounds of Inadmissibility, and urged for the 2022 Public Charge Grounds of Inadmissibility to remain as the ruling authority on the matter.
Asylum Cases on Miscellaneous
This issue-specific page lists miscellaneous published asylum cases by topic. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Religion
This issue-specific page lists published asylum cases that relate to religion. The page includes published federal court and BIA cases from 2008 through the present. Special thanks to AILA member R. Mark Frey.
Asylum Cases on Social Group
This issue-specific page lists published asylum cases that relate to social groups. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
CA4 Finds BIA Abused Its Discretion by Ignoring Evidence That Honduras Was Unable or Unwilling to Control MS-13
The court held that the BIA abused its discretion when it ignored credible, unrebutted, and legally significant evidence in the record and concluded that petitioner failed to demonstrate that the Honduran government was unable or unwilling to control MS-13. (Ramos Marquez v. Bondi, 11/19/25)
DOS Delegation of Authority Under EO 14163 and PP 10949 to PRM Assistant Secretary
On 8/20/25, DOS Secretary delegated authority to Assistant Secretary for Population, Refugees, and Migration to determine if allowing a refugee or a national of a travel ban country entry to the U.S. is in the national interest and poses no threat to U.S. security or welfare. (90 FR 59635, 12/19/25)
BIA Finds Firm Resettlement Bar Applied Where Nepalese Respondent Had Indefinite Rights to Live and Work in India
The BIA held that evidence that a respondent had a legal right to enter, live, work, and own property indefinitely in the country of proposed resettlement demonstrates that the respondent was offered “some other type of permanent resettlement.” Matter of L–T–A–, 29 I&N Dec. 362 (BIA 2025)
Client Flyer: New USCIS Policies Impacting Asylum Applicants, Refugees, and People from “High-Risk” Countries
AILA provides a flyer to inform your clients of USCIS policies pausing processing for many benefits requests and ordering re-review of certain approved applications. The flyer is available as a generic PDF as well as a Word version you can customize with your firm's information. Please share.
Updates to Settlement in Class Action Lawsuit Challenging Asylum Adjudication Delays for Afghans
On 9/11/25, USCIS issued a Public Status Report containing class member asylum data for Ahmed v. DHS. The class action lawsuit challenged DHS’s failure to adjudicate asylum applications for Afghans who arrived in the U.S. under “Operation Allies Welcome” within Congress’s 150-day deadline.
Policy Brief: Severe Immigration Restrictions Will Waste Taxpayer Resources and Bring Hardship, Not Make America Safer
Following the 11/26/25 shooting of two National Guard members in Washington D.C., the Trump Administration announced several new immigration restrictions under the guise of national security concerns. This brief analyzes these new restrictions, why they are not needed, and policy recommendations.
Practice Alert: Update to Employment Authorization Document Validity Periods
On December 4, 2025, USCIS announced changes to the maximum validity periods for Employment Authorization Documents (EADs) for certain categories. Please see this practice alert for more details and practical implications.
Border Report: Immigration Lawyers Decry New Asylum Policies
Border Report highlights AILA's recent press briefing about the Trump Administration's latest far-reaching immigration restrictions. AILA Executive Director Ben Johnson stated: "These sweeping restrictions will not make our nation safer."
CA6 Upholds Asylum and Withholding Denial as to Honduran Petitioner Who Was Targeted by MS-13
The court held that it lacked jurisdiction to review the denial of the petitioner’s untimely asylum application and dismissed his withholding of removal claim, finding that he failed to exhaust the issue of government protection from gang violence. (Osabas-Rivera v. Bondi, 12/8/25)
Featured Issue: Sweeping Immigration Restrictions in the Aftermath of National Guard Shooting
Following the 11/26/25 shooting of two West Virginia National Guard members in Washington, D.C., the Administration announced multiple policy changes significantly restricting legal immigration. This page brings together updates and resources about these changes.
Practice Alert: Insufficient Notice of Asylum Interviews in Online-filed I-589s
AILA members report receiving no notice when asylum interviews are scheduled in online-filed asylum cases. This practice alert describes what practitioners do and do not see in their online filing accounts when an asylum interview is scheduled and offers practice tips to avoid missing an interview.
Call for Examples: Cases Impacted by the National Security Pause on Adjudications
We are collecting information on the impact of the sweeping immigration restrictions implemented in late 2025 for travel ban countries and a halt on adjudicating all asylum applications. These examples will be used for advocacy and education purposes, both for external partners and AILA members.
CA1 Upholds Asylum Denial as to Peruvian Survivor of Domestic Violence Based on Lack of Nexus and Speculative Future Harm
The court held that substantial evidence supported the denial of asylum, withholding, and CAT relief as to the petitioner, a Peruvian survivor of domestic violence, finding there was no nexus to a protected ground and a speculative fear of future torture. (De La Cruz-Quispe v. Bondi, 12/5/25)
USCIS Policy Alert Shortens Maximum Validity Period of EADs for Many Categories
USCIS released a policy alert (PA-2025-27) updating guidance in the Policy Manual to reduce the maximum validity period of EADs for many EAD categories, including refugees, asylees, asylum seekers, parolees, TPS-holders, and more. Feedback is due 1/5/26.
USCIS Announces Shortened Maximum Validity Period for EADs in Several Categories
USCIS announced it will shorten the validity period of EADs for several categories, including for refugees and asylees, from 5 years to 18 months for applications pending or filed on or after 12/5/25. USCIS also noted the shortened validity period mandated by H.R. 1 for TPS-holders and parolees.