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
District Court Vacates USCIS Policies That Paused Adjudications of Certain Benefits Requests
The Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy were found unlawful, discriminatory, and beyond agency authority and vacated under the APA. (Dorcas Int'l Institute of Rhode Island, et al v. USCIS, et al, 6/5/26)
USCIS Notice of Proposed Rulemaking to Limit Discretionary Employment Authorization
USCIS NPRM to limit eligibility for discretionary EADs. Notably, it would bar those arrested, charged, indicted, or convicted of a crime; who admit to committing a violent crime; or whom DHS determines to be in a gang from receiving discretionary EADs. Comments are due 8/4/26. (91 FR 34352, 6/5/26)
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 Political Opinion
This issue-specific page lists published asylum cases that relate to persecution on account of political opinion. 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 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.
Presidential Determination Increasing Refugee Admissions for FY26
On 5/21/26, President Trump issued an Emergency Presidential Determination to increase the refugee admissions ceiling for FY26 from 7,500 to 17,500. The additional admissions will be allocated to Afrikaners from South Africa. (91 FR 31645, 5/27/26)
DHS Announces ICE Directive Targeting “Fraudulent Asylum Claims”
DHS announced a new directive instructing ICE to take additional actions to target “fraudulent asylum claims,” including against attorneys who file false asylum claims. The announcement alleges that immigration attorneys regularly coach their clients to conceal information and lie to obtain asylum.
Practice Alert: Impact to Affirmative Asylum Applicants of DHS Rule Implementing H.R.1 Immigration Fees and Consequences of Non-Payment
This alert summarizes asylum fee framework as it applies to affirmative asylum cases, including the consequences of non‑payment and key practice considerations for counsel, such as strategies to reduce the risk of application rejection or loss of asylum‑based employment authorization.
BIA Holds That Government’s Deference to Tribal Conflict-Resolution Mechanisms Does Not Show It Is Unable or Unwilling to Control Persecutors
The BIA held that although a government may generally defer to tribal mechanisms for resolving tribal conflict, doing so does not indicate the government is unable or unwilling to control persecutors within a tribe. Matter of A–H–D–, 29 I&N Dec. 642 (BIA 2026)
BIA Holds That “Mexican Men with Schizoaffective Disorder" Is Not a Cognizable PSG
The BIA held that the group "Mexican men with Schizoaffective Disorder," defined only by such diagnosis, is not cognizable as a particular social group (PSG) under the INA. Matter of L–A–D–, 29 I&N Dec. 634 (BIA 2026)
CA9 Upholds Denial of Asylum as to Sikh Mann Party Member from India
The court held that threats from masked men, two brief beatings, and a short detention of the Sikh Mann party member petitioner did not rise to the level of past persecution, and found he could avoid future persecution by relocating within India. (Singh v. Blanche, 12/1/25, amended 5/15/26)
Practice Alert: Circumvention of Lawful Pathways (CLP) Rule Vacated May 7, 2026
On May 7, 2026, the U.S. District Court for the Northern District of California in East Bay Sanctuary Covenant v. Trump vacated the Circumvention of Lawful Pathways (CLP) rule which was promulgated by the Department of Homeland Security in May 2023.
BIA Finds Proposed PSG of “Married Mexican Women Unable to Leave Their Relationship” Is Not Cognizable
The BIA held that the proposed particular social group (PSG) consisting of “married Mexican women unable to leave their relationship” is not cognizable, and that lawful marriage cannot be presumed from cohabitation or shared children. Matter of V–A–B–, 29 I&N Dec. 621 (BIA 2026)
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.
CA5 Upholds Denial of Motion to Reopen as to Salvadoran Petitioner Who Failed to Show Changed Country Conditions or Equitable Tolling
The court held that the BIA did not abuse its discretion in denying the Salvadoran’s untimely motion to reopen, finding that his MS-13 father-in-law’s arrest reflected a change in personal circumstances, not changed country conditions excepting the time bar. (Prado-Majano v. Blanche, 5/7/26)
Practice Alert: Current State of I-730 Processing
Under the 2025 travel ban and refugee ban, the government has halted Refugee and Asylee Relative Petition (Form I-730) adjudications for many individuals around the world. This practice alert explains how I-730s for derivative asylees and refugees are impacted and the state of ongoing litigation.
CA4 Finds IJs Failed to Develop Record for Pro Se, Detained Noncitizen Seeking Waiver, Asylum, and Related Relief
The court held that two IJs failed to fulfill their statutory duty to develop the record for a pro se, detained respondent seeking a waiver under INA §209(c), asylum, withholding, and CAT deferral by failing to explain key legal standards and his procedural rights. (Diahn v. Blanche, 5/5/26)
CA7 Finds It Lacks Jurisdiction to Review Asylum Timeliness Determination and Denies Petitioner’s Withholding Claim
The court held that it lacked jurisdiction to review the agency’s denial of asylum as untimely where petitioner failed to engage with the government’s jurisdictional challenge, and found that substantial evidence supported the denial of withholding of removal. (Mohammed v. Blanche, 5/5/26)
BIA Finds No Clear Probability of Torture or Government Acquiescence in Mexico Based on Speculative and Generalized Evidence
The BIA held that the respondent did not establish eligibility for CAT protection because he failed to show a clear probability of harm rising to the level of torture by gang or cartel members and did not show government acquiescence to torture. Matter of J–E–L–, 29 I&N Dec. 605 (BIA 2026)
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 Material Support Bar
This issue-specific page lists published asylum cases that relate to the material support bar. 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 Standard of Review
This issue-specific page lists published cases that relate to the standard of review in asylum cases. 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 Past Persecution
This issue-specific page lists published asylum cases on past persecution. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.