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
Think Immigration: An AILA Law Journal Issue for Our Times
AILA Law Journal Editor-in-Chief Cyrus Mehta describes the new edition, writing that the editorial board sought to “bring forward a collection of both original and thought-provoking articles by authors who have creatively advanced topics and ideas that may have received too little attention.”
CA8 Upholds Denial of Asylum and Humanitarian Asylum Based on Fundamental Change in Circumstances and Insufficiently Severe Past Harm
The court held that substantial evidence supported the agency’s finding that DHS rebutted the presumption of a well-founded fear of future persecution by showing a fundamental change in circumstances in The Gambia, and affirmed the denial of humanitarian asylum. (Jatta v. Blanche, 10/16/26)
AILA Law Journal, Vol. 8, Number 2, October 2026
The October 2026 edition of the AILA Law Journal is now available.
CA1 Upholds Asylum Denial Where Stalking, Threats, and Emotional Harm Did Not Compel a Finding of Persecution
The court held that substantial evidence supported the findings that the petitioner, stalked for three years in Honduras by a man who threatened her partner, did not establish past persecution or an objectively reasonable fear of future persecution. (Alvarado-Hernandez v. Blanche, 10/15/26)
District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE
The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)
DHS IFR Reducing Notice of Intent to Terminate Refugee Status to 10 Days
DHS interim final rule to reduce the response period for a Notice of Intent to Terminate (NOIT) for refugees from 30 days to 10 days. The IFR is effective 10/14/26. Comments are due 11/13/26. (91 FR 65077, 10/14/26)
USCIS Final Rule on Removal of Automatic Extensions for Certain EADs
USCIS final rule affirming the October 2025 interim final rule that ended automatic extension of employment authorization documents (EADs) for certain EAD categories. The rule is effective 10/14/26. (91 FR 65306, 10/14/26)
Practice Alert: DHS Interim Final Rule Shortens NOIT Response Period for Refugees to 10 Days
USCIS proposes an interim final rule (IFR) regarding refugee cases USCIS intends to terminate, which significantly shortens the number of days an individual with refugee status has to respond to USCIS notification that it intends to terminate their refugee status.
CA4 Remands Where BIA Discounted New Death Threat Evidence of Nexus to Family-Based Asylum Claim
The court held that the BIA abused its discretion by placing too much weight on the IJ’s pre-death-threat findings and too little weight on the petitioner’s new evidence of death threats, and that there was a nexus between the threats and her family group. (Fajardo-Rivas v. Blanche, 10/13/26)
BIA Holds IJs Should Generally Deny Asylum Applications for Citizens of Highly Developed Democratic Countries
The BIA held that IJs should generally deny asylum applications filed by nationals of highly developed, democratic countries that respect and protect human rights and that EU citizens are presumptively ineligible for a discretionary asylum grant. Matter of B–S–A–N–, 30 I&N Dec. 145 (BIA 2026)
Practice Alert: Reports of Ramped Up ICE Enforcement in October 2026 and Preparing Clients
The first week of October 2026 marks a new immigration enforcement surge across the U.S., including an operation specific to California called "Operation Safe California." The Administration is implementing increased ICE arrest quotas to out of status individuals even with no criminal history.
CA8 Finds Petitioner’s Due Process Claim Failed Absent Prejudice and That PSG of Honduran Citizens Who Refused Gang Demands Lacked Particularity
The court held that the petitioner’s due process claim failed because she did not show prejudice, and upheld the denial of asylum where her proposed PSG of Honduran citizens who refused to comply with gang demands was not sufficiently particular or recognized. (Alvarenga v. Blanche, 10/8/26)
BIA Holds That Return to a Country of Claimed Persecution under Advance Parole Abandons the Whole Application Absent Compelling Reasons
The BIA held a noncitizen who returns to a country of claimed persecution under advance parole abandons their application for asylum, withholding of removal, and CAT protection absent compelling reasons, and that mandatory bars turn on the record. Matter of M–R–I–, 30 I&N Dec. 137 (BIA 2026)
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)
BIA Holds It Does Not Retain Jurisdiction After Remand and That a Decision Without Another Hearing Did Not Deny Due Process
The BIA held it does not retain jurisdiction after remanding the record to the immigration court, and that IJ’s issuance of a new decision on remand without another hearing did not violate the remand order or deprive respondent of due process. Matter of C–M–H–H–, 30 I&N Dec. 124 (BIA 2026)
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 Responds to DHS Letter Targeting Immigration Attorneys Over "Meritless" Asylum Claims
On 9/15/26, DHS’s GC sent AILA a letter accusing immigration attorneys of causing the asylum backlog with “meritless” asylum applications. AILA responded with a letter defending attorneys from these baseless attacks and urging the Administration to adopt commonsense policies to reduce the backlog.
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.
BIA Holds That IJs May Pretermit Application for Asylum and Withholding Without Filing of Motion by DHS
The BIA held that an IJ may pretermit an application for asylum and withholding of removal without the filing of a motion by DHS, and affirmed the pretermission where the respondent did not set forth prima facie claims for the relief sought. Matter of G–R–B–, 30 I&N Dec. 102 (BIA 2026)
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.