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
Supreme Court Allows Metering at U.S. Southern Border
In a 6-3 decision, the Supreme Court ruled DHS can turn back asylum seekers at the border, as arrival in the U.S. for purposes of applying for asylum requires crossing into the U.S. The INA does not entitle those at the border to apply for asylum or be inspected. (Mullin v. Al Otro Lado, 6/25/26)
AILA Joins Joint Comment Opposing the IFR on USCIS Immigration Fees and Related Procedures Required by H.R. 1
AILA joined ASAP and 84 organizations in a joint comment opposing the IFR on USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill.
Call for Examples: Cases Impacted by the National Security Pause on Adjudications
On June 5, 2026, the U.S. District Court in Dorcas Int'l Institute of Rhode Island v. USCIS vacated USCIS’s Benefits Hold, Global Asylum Hold, Comprehensive Re-Review, and Country-Specific Factors policies. AILA seeks updates on affected cases to assess government compliance with the order.
Twenty Editions. Still Defending Due Process.
For 36 years—and going on 20 editions—Kurzban’s Immigration Law Sourcebook has provided reliable, authoritative answers to any immigration query. With due process and the law itself facing sustained attacks, it’s back for a fully updated new edition. Member exclusive: Preorder now to save 25%.
A Better Way on Immigration: Principles for America’s Future
Informed by the experience of the more than 18,000 immigration attorneys who are members of AILA, this document outlines five core principles to restore trust, strengthen the rule of law, and build a system that is fairer, more secure, and better aligned with the country America aspires to be.
BIA Finds Potential Eligibility for Collateral Relief Was Not a Basis to Deny DHS’s Motion to Pretermit Asylum
The BIA held that the IJ erred in denying DHS’s motion to pretermit the respondents’ asylum applications based on their potential eligibility for collateral relief, finding that was not a proper factor in ruling on such a motion. Matter of T–A–G–, et al., 29 I&N Dec. 715 (BIA 2026)
BIA Holds That Grant of Withholding Is an Important Consideration in Discretionary Denial of Asylum
The BIA held that a grant of withholding of removal under the INA is an important consideration in whether asylum may be denied as a matter of discretion, given the mitigating impact withholding has on the risk of future persecution. Matter of P–A–C–, 29 I&N Dec. 708 (BIA 2026)
CA1 Upholds Denial of Reconsideration Where Petitioner Failed to Show She Was Ever Unable to Leave Her Abuser
The court held that the BIA did not abuse its discretion in denying reconsideration where the petitioner failed to establish membership in her proposed PSG of Brazilian women unable to leave relationships and her perceived-family PSG lacked particularity. (Alves-Pains v. Blanche, 6/18/26)
The Member Presale for the New 20th Edition of Kurzban’s Immigration Law Sourcebook Is Now Open!
AILA members can secure the lowest price that will be offered on this fully updated essential resource. But you must act now—offer ends on August 17, 2026.
BIA Says Evidentiary Hearing Generally Unnecessary to Apply Safe Third Country Bar Absent Individualized Risk in ACA Country
The BIA held that where a noncitizen subject to an asylum cooperative agreement (ACA) shows no individualized risk of harm in the country of removal, an evidentiary hearing is generally unnecessary to apply the safe third country bar. Matter of A–C–M–, 29 I&N Dec. 703 (BIA 2026)
Practice Alert: USCIS Update on Telephonic Appearance Policy
AILA's USCIS Operations Committee provides updates on the May 18, 2026 guidance on telephonic representation following response from USCIS regarding how to submit requests for telephonic appearances under "limited circumstances."
District Court Clarifies Vacatur of USCIS Policies That Paused Adjudication of Certain Benefit Requests
On June 11, 2026, the U.S. District Court in Rhode Island issued a second order clarifying the challenged policies in Dorcas Int'l Institute of Rhode Island, et al v. USCIS, et al as unlawful under the APA, and ordered the government to provide a status update on implementation within 24 hours.
USCIS Files Appeal of the Court Order Vacating Policies That Paused Adjudication of Certain Benefit Requests
On June 12, 2026, USCIS filed an appeal to the First Circuit Court of Appeals in response to the vacatur of policies pausing adjudication of certain benefit requests.
USCIS Announces Compliance with Court Order Vacating Hold Policies
USCIS announced that it will comply, pending further litigation, with the district court's 6/5/26 and 6/11/26 orders in Dorcas v. USCIS. The court vacated policies that placed processing holds on applications and added consideration of country-specific factors to discretionary benefit adjudications.
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)
USCIS Announces New Asylum Office in San Antonio
USCIS announced that it opened an additional asylum office location in San Antonio, Texas. Beginning 5/28/26, individuals who filed for asylum with USCIS and reside in the Houston Asylum Office's jurisdiction may be interviewed at either the Houston or San Antonio Asylum Office.
BIA Holds That Respondent’s Federal Health Care Fraud Conviction Was for a Particularly Serious Crime
The BIA dismissed the respondent’s appeal, holding that his conviction for health care fraud under 18 USC §1347 was for a particularly serious crime barring asylum and withholding of removal, and affirming the denial of CAT protection. Matter of J–O–A–, 29 I&N Dec. 672 (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 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.
CA1 Vacates Orders for Failing to State with Sufficient Particularity Whether BIA Addressed Imputed-Mungiki Persecution Arguments
The court held that the BIA’s orders dismissing the petitioner’s appeal did not state with sufficient particularity their basis for rejecting his arguments that Kenyan police would persecute him as a presumed Mungiki based on his family status or Kikuyu ethnicity. (Muchiri v. Blanche, 6/3/26)
CA4 Holds That BIA Reversibly Erred by Treating Petitioner’s “Salvadoran Women” Social Group as Raised for the First Time on Appeal
The court held the BIA reversibly erred by treating petitioner’s “Salvadoran women” particular social group (PSG) as raised for the first time on appeal and declining to reach its merits, requiring remand, while denying her remaining asylum and CAT claims. (Alvarado-Paz v. Blanche, 6/1/26)