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: 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 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 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.
CA1 Upholds Petitioner’s Removability for Fraud and Denial of Relief Based on Serious Nonpolitical Crime Bar
The court held that the petitioner was removable for fraud and willful misrepresentation and failed to establish eligibility for asylum, withholding of removal, or Convention Against Torture (CAT) protection. (Usma Acosta v. Blanche, 5/1/26)
Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
USCIS has published an Interim Final Rule codifying the collection of fees and other provisions for asylum, Form I-94, temporary protected status, and employment authorization documents. This alert will continue to be updated with any new details provided.
USCIS Announces Updates to Increased Screening and Vetting Procedures
USCIS update on increased vetting procedures. Notably, USCIS is lifting benefit processing holds for some cases and groups, such as asylum seekers not from “high-risk” countries and certain applications for EADs, oath ceremonies, and petitions from U.S. citizens, and, as of 4/30/26, medical doctors.
Practice Alert: New Vetting Process at USCIS Resulting in a “Hold” on Adjudications Requiring Fingerprint Checks
AILA provides updates regarding a new security vetting process effective Apr 27, 2026, requiring many pending cases to resubmit fingerprints. that has resulted in holds on final approvals until new checks are run.
USCIS IFR Codifying H.R. 1 Fees and Requirements Including Penalty for Unpaid Annual Asylum Fee
DHS IFR implementing certain H.R. 1 fees and requirements, effective 5/29/26. It states USCIS will reject asylum applications if the Annual Asylum Fee is not paid within 30 days of notification, limits validity of EADs under TPS to a year, and more. Comments are due 6/29/26. (91 FR 22952, 4/29/26)
Practice Alert: DOS Issues Cable on Asylum-Related Questions to Visa Applicants
On April 28, 2026, DOS issued a cable directing consular officers to ask nonimmigrant visa applicants if they fear returning to their country of residence, and to refuse visas for those who respond affirmatively.
AILA Law Journal, Vol. 8, Number 1, April 2026
The April 2026 edition of the AILA Law Journal is now available.
DHS to Publish IFR with Penalty for Unpaid Annual Asylum Fees and Other H.R. 1 Requirements
DHS will publish an IFR implementing H.R. 1 fees and requirements, effective 5/29/26. It states USCIS will reject asylum applications if the Annual Asylum Fee is not paid within 30 days of notification, limits validity of EADs for TPS-holders to a year, and more. Comments will be due 6/29/26.
Practice Alert: Clarification of Active Biometrics Policies for Various Application Types
AILA National provides a brief overview and clarification on existing, updated, and proposed biometrics policies to date. For fingerprint specific requirements, please reference USCIS Policy Manual, Vol. 1, Part C, Biometrics Collections and Security Checks.
AILA and the Council File Joint Public Comment in Opposition to DHS Proposed Rule on Employment Authorization for Asylum Seekers
AILA and the American Immigration Council submitted a joint comment urging DHS to withdraw its proposed rule which would stop acceptance of applicants’ EAD applications when average affirmative asylum processing time exceeds 180 days and extend the wait to apply to 365 days, among other changes.