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 Determination on Refugee Admissions for FY27
Memorandum for DOS, DHS, and HHS secretaries with the presidential determination of the admission of up to 17,500 refugees in FY27. Admissions will be primarily allocated to Afrikaners. (91 FR 63119, 10/2/26)
USCIS Notice of FY27 Adjustment of Certain Immigration Fees for Inflation under H.R. 1
USCIS notice of fee adjustment for inflation, effective 10/16/26, for two immigration-related fees required by H.R. 1. Increases will apply to the annual asylum fee and fees for applications for TPS, parole, and an initial EAD (for asylum seekers, parolees, and TPS holders). (91 FR 62540, 10/1/26)
Practice Alert: Third Country Removal Litigation Impacts in D.V.D. v. DHS; Continue Emergency Litigation and Monitor Removal
The U.S. Supreme Court on 9/29/26 allowed third country removals (TCR) to resume, for now. It granted the government's request for a stay of the ruling that a class of noncitizens subject to TCR are entitled to meaningful notice and a chance to raise fears of harm in the third countries.
USCIS Announces FY27 Inflationary Increase for Certain Immigration-Related Fees Under HR 1
USCIS announced it will publish a notice of inflation increase of certain immigration-related fees under HR 1 for FY27, effective 10/16/26. These include the Annual Asylum Application Fee, and filing fees for Forms I-131, I-765 (for certain initial filings), and I-821. An advance copy is available.
AILA Comment Opposing the Interim Final Rule on Affirmative Asylum Referrals Without Interview
AILA submitted a comment opposing the DHS/USCIS July 28, 2026 interim final rule allowing the Asylum Division to base ineligibility findings on the Form I-589 application alone and refer affirmative asylum cases to immigration court without holding an interview.
Asylum Cases on Credibility
This issue-specific page lists published asylum cases that relate to credibility determinations. 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 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 Motion to Reopen
This issue-specific page lists published asylum cases that relate to motions to reopen. The page includes published federal court and BIA cases from 2009 to 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.
Asylum Cases on Deferral of Removal Under CAT
This issue-specific page lists published asylum cases that relate to deferral of removal under CAT. 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 Serious Nonpolitical Crime
This issue-specific page lists published asylum cases that relate to serious nonpolitical crimes. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
Client Flyers
AILA offers concise educational flyers for members to share with their clients or prospective clients to inform them about a wide range of pertinent immigration law issues. Customizable versions are available.
Think Immigration: Through the Eyes of a USCIS Adjudicator
In this blog post, AILA member Angelo Paparelli interviews former USCIS asylum adjudicator Joshua Perez about the adjudicator’s view of an asylum filing and concludes that “understanding the digital context in which cases are reviewed is becoming an essential part of effective advocacy.”
Asylum & Refugee Committee Office Hours
The Asylum & Refugee Committee holds monthly office hours every 3rd Monday, 2-3 pm ET. Join this open forum to discuss issues practitioners are facing, to strategize, and to otherwise collaborate with a group of experts. All are welcome and the committee is grateful for members' participation.
Practice Alert: ICE Detainee Locator No Longer Showing Final-Order Cases
AILA members are reporting that, as of mid-September 2026, the Immigration and Customs Enforcement (ICE) Online Detainee Locator System (ODLS) is no longer providing information on individuals with final removal orders. AILA is continuing to monitor the issue.
BIA Holds Declarants Need Not Be Made Available for Cross-Examination Before IJ Can Consider Declarations for Inter-Proceeding Comparison
The BIA held that redaction of personally identifying information from inter-proceeding declarations provides sufficient protection of the declarants’ privacy and that declarants need not be made available for cross-examination before comparison. Matter of V–S–A–, 30 I&N Dec. 37 (BIA 2026)
CA7 Holds That Petitioner Failed to Exhaust Challenges to Essential Elements of Asylum, Withholding, and CAT Claims
The court held that the petitioner failed to exhaust administrative remedies because she did not adequately present to the BIA arguments challenging essential grounds for the denial of asylum, withholding of removal, and CAT protection. (Gonzalez Perez v. Blanche, 9/8/26)
BIA Holds That Maduro’s Removal from Power and Transfer of Executive Authority Constituted Changed Country Conditions in Venezuela
The BIA held that the removal of former President Maduro from power and the ensuing transfer of executive authority constituted a change in country conditions in Venezuela for purposes of assessing an applicant’s prospective fear of persecution. Matter of A–E–V–M–, 30 I&N Dec. 20 (BIA 2026)
CA8 Says CAT Order Is Not a Final Order of Removal and 30-Day Petition for Review Deadline Is Not Subject to Equitable Tolling
The court held that a CAT order is not a final order of removal reviewable on its own under INA §242(a)(1) and that the 30-day deadline for filing a petition for review is a mandatory claims-processing rule not subject to equitable tolling. (B.P. v. Blanche, 9/2/26)
CA8 Finds It Lacks Jurisdiction to Review Standalone Negative Reasonable Fear Determination
The court held that it lacked jurisdiction under INA §242(a)(1) to review an IJ’s affirmance of an asylum officer’s negative reasonable fear determination because the decision is not a final order of removal and does not affect the validity of one. (Sebastian-Perez v. Blanche, 9/2/26)
USCIS Interim Final Rule on Affirmative Asylum Referrals Without Interview
USCIS interim final rule allowing asylum officers to refer certain asylum applications to EOIR without conducting an asylum interview. The rule is effective 7/28/26. Comments are due 9/28/26. (91 FR 47101, 7/28/26; 91 FR 55735, 8/31/26)
TRAC: Asylum Denials Rise to 94% Amid the Remaking of the Immigration Court
TRAC reports that in June 2026, 94% of asylum cases decided were denied. Immigration judges granted only 771 individuals asylum during that period—less than a quarter of the number of individuals awarded asylum just three years ago.
AILA Files Amicus Brief on Asylee Adjustment of Status Eligibility
AILA argued that adjustment of status is a legal term of art and that Congress did not require applicants under the asylee adjustment statute to maintain current asylum status. (Wassily v. Bondi, 8/31/26)
CA9 Holds That Circumvention of Lawful Pathways Rule Conflicts with Asylum Statute and That Agency Erred on Mixed Motives Analysis
The court held that the Circumvention of Lawful Pathways Rule conflicts with the asylum statute by restricting eligibility based on manner of entry, and that the agency also legally erred by failing to apply the complete mixed motives framework. (Garcia Morales v. Blanche, 8/31/26)
USCIS Announces Compliance with Preliminary Injunction to Lift Adjudication Hold for Travel Ban Countries
USCIS announced it will comply with the 8/24/26 district court order in Red Eagle Law v. Edlow that temporarily lifts asylum and benefit adjudication holds for nationals of the 39 travel ban countries and Palestinian authority imposed by PMs 602-0192 and 602-0194, pending further litigation.