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
Practice Alert: USCIS Interim Final Rule on Mandatory E-filing
On August 11, USCIS published an Interim Final Rule establishing a framework for mandatory e-filing. The USCIS Operations Committee provides this alert explaining the process by which USCIS can mandate that certain forms are filed electronically and how individuals may apply for a waiver.
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.
Practice Alert: Adjustment of Status and "Re-Vetting" Interviews for Refugees
Practitioners throughout the country have recently reported receiving interview notices for refugees purporting to be for adjustment of status. Some practitioners report that USCIS local field offices issued the interview notices, not a USCIS service center.
CA1 Holds Substantial Evidence Supports No Nexus Where Robberies Were for Financial Gain and Threats Were Revenge
The court held that substantial evidence supported the BIA’s conclusion that no protected ground was a reason for petitioner’s harm, where robberies were for financial gain and threats were revenge, and thus upheld the denial of asylum and related claims. (Monzon Guzman v. Blanche, 8/7/26)
CA6 Holds That Serious-Nonpolitical-Crime Bar’s “Serious Reasons for Believing” Standard Requires Only Probable Cause
The court held that the serious-nonpolitical-crime bar’s “serious reasons for believing” standard requires only probable cause, and that substantial evidence supported the BIA’s conclusion that the government met its burden of establishing probable cause. (Spindola v. Blanche, 8/7/26)
New Edition of Kurzban’s Immigration Law Sourcebook Released by AILA
AILA is proud to release the 20th edition of Kurzban’s Immigration Law Sourcebook, the must-have resource filled with expert guidance helping readers navigate the labyrinthine U.S. immigration laws, including recent Supreme Court rulings and their impact.
USCIS Issues Policy Alert on DNA Testing in Requests for Additional Evidence
USCIS issued a policy alert (PA-2026-06) updating Policy Manual guidance to require officers to suggest DNA testing as an optional form of evidence to establish a claimed genetic relationship when an officer determines additional evidence is necessary. Feedback is due 9/7/26.
CA5 Holds That Adverse Credibility Findings on Employment and Imprisonment as to Afghan Petitioner Were Unsupported
The court held that the agency’s adverse credibility finding as to the Afghan petitioner’s employment history and prior imprisonment was not supported by substantial evidence, and that the agency failed to meaningfully consider key evidence supporting his claims. (Eqbal v. Blanche, 8/6/26)
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.
AILA Submits Comment Opposing USCIS NPRM Limiting Discretionary Employment Authorization
AILA submits comment on USCIS’s proposed changes to limit eligibility for discretionary employment authorization. The comment argues that this policy change would have drastic negative consequences for applicants, employers, families, and economy.
CA2 Holds That IJs Need Not Make Adverse Credibility Finding Before Requiring Corroboration
The court held an IJ does not need to make an adverse credibility finding before requiring corroboration, that BIA forfeiture rulings are reviewed for abuse of discretion, and upheld the finding that the petitioner failed to establish a likelihood of torture. (Al Saidi v. Blanche, 8/3/26)
CA9 Holds That Age-Based PSGs Are Immutable as a Matter of Law and BIA Must Review Nexus Determinations De Novo
The court held that age-based particular social groups are immutable as a matter of law because asylum applicants cannot alter their age to escape persecution, and that the BIA erred in reviewing the IJ’s nexus finding for clear error rather than de novo. (Garcia Demetrio v. Blanche, 7/20/26)
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)
Practice Alert: Reports of Arrests at USCIS Asylum Office Interviews
AILA has received recent reports of DHS enforcement actions at USCIS asylum offices. In some cases, clients had criminal convictions or other past criminal issues, but in others there were no apparent criminal issues or other factors indicating why the person was targeted for arrest.
The Hill: New Rule Could Speed Deportation of Asylum Seekers
The Hill reports a new USCIS rule will allow asylum officers to refer certain asylum applications to immigration court without conducting an asylum interview. AILA Executive Director Ben Johnson said, “This is one more nail the Administration has hammered into the coffin of the U.S. asylum system.”
CA6 Holds That NTA Claims-Processing Objection Was Forfeited and Affirms Denial of Motion to Suppress, Withholding, and CAT Claims
The court held that the petitioner forfeited his Notice to Appear (NTA) claims-processing objection, failed to establish a prima facie case of an illegal stop, and did not show a protected-ground nexus for withholding or a likelihood of torture. (Perez-Hernandez v. Blanche, 7/28/26)
USCIS Announces IFR Allowing Officers to Refer Asylum Applicants to EOIR Without Interview
USCIS announced an upcoming interim final rule (IFR), to be published in the Federal Register on 7/28/26, allowing asylum officers to refer applicants to immigration court without first interviewing them. The rule will be in effect as of publication. An advance copy is available.
Practice Alert: Reports of Increased Detention at U.S. Airports for Individuals Traveling Domestically
AILA has received a number of reports over the past few days of individuals without lawful status, including those in a period of authorized stay based on pending applications, being detained at airports across the country while traveling domestically.
AILA Executive Director Responds to Asylum Rule
Ben Johnson, Executive Director of the American Immigration Lawyers Association (AILA) responded to the interim final rule “Affirmative Asylum Referrals Without Interview” published on 7/27/26.
Practice Alert: DHS Interim Final Rule on Affirmative Asylum Referrals Without Interview
On 7/27/26, DHS posted public notice of an interim final rule they intend to publish on 7/28/26, to go into effect the same day. Asylum offices will be able to refer cases to EOIR without an interview based on certain factors including missing the one year filing deadline and officers' discretion.