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
DOJ Interim Final Rule Clarifying Bars of Eligibility During Credible Fear and Reasonable Fear Review
DOJ interim final rule with request for comments clarifying that immigration judges' de novo review of asylum officers' credible fear and reasonable fear determinations can include a review of the asylum officers' application of any bars. Effective 12/27/24. (89 FR 105392, 12/27/24)
DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
DHS/DOJ interim final rule delaying the Security Bars and Processing Final Rule until 12/31/25. Comments are due by 1/27/25. (89 FR 105386, 12/27/24)
Register Now with Special Discounts for AILA Members: Spanish for Lawyers
Registration is open for Spring 2025! Learn Spanish legal terminology in U.S. Criminal and Immigration Law. Taught by field experts, this course runs Feb. 3–Apr. 11, 2025, featuring live online interactions to enhance cross-cultural communication. Register now!
Asylum Cases by Topic
List of published federal court and BIA asylum cases organized by topic in order to facilitate a better perspective on asylum litigation across jurisdictions. Special thanks to AILA member R. Mark Frey.
AILA's CBP Liaison Committee Met with CBP (10/18/24)
AILA’s CBP Liaison Committee met with CBP's Office of Field Operations (OFO) on October 18, 2024, to discuss topics related to the Trusted Traveler Program, I-94s corrections, the Northern border, and travelers with prior removal orders, and more. Read the agenda, key takeaways, and minutes.
Practice Alert: Changes to Defensive Asylum Biometrics
Effective December 16, 2024, USCIS will streamline biometrics for defensive asylum seekers by reusing existing data and scheduling biometric appointments only if necessary. Read this practice alert for more information.
CA7 Upholds BIA’s and IJ’s Finding That Threats Against Guatemalan Petitioner Were Motivated by Personal Animosity
The court upheld the denial of the Guatemalan petitioner’s claims for asylum and related relief, finding that the agency’s conclusion that the petitioner had not experienced harm on account of a protected ground was supported by substantial evidence. (Mateo-Mateo, et al. v. Garland, 12/23/24)
CA9 Holds That Conviction for Possession of Stolen Vehicle in Washington Was an Aggravated Felony and Particularly Serious Crime
The court held that the petitioner’s conviction for possession of a stolen vehicle in Washington was an aggravated felony under INA §101(a)(43)(G) and a particularly serious crime that rendered him ineligible for asylum and withholding of removal. (Chmukh v. Garland, 12/23/24)
AILA and Partners Submit Amicus Brief Urging Fourth Circuit to Vacate BIA’s Rejection of ‘Salvadoran Women’ as a Particular Social Group
This brief, submitted by AILA along with immigration-rights organizations and clinics, urged the Fourth Circuit to recognize that a person can establish eligibility for asylum based on persecution on account of her status as a Salvadoran woman.
Advocacy Group Files Lawsuit Seeking to Compel USCIS to Comply with FOIA Request on Use of AI in Asylum Applications
Refugees International filed a lawsuit against USCIS in federal district court seeking to compel compliance with the Freedom of Information Act (FOIA) related to USCIS’s use of artificial intelligence (AI) in its Asylum Texts Analytics (ATA) tool. (Refugees International v. USCIS, 12/20/24)
Advance Copy: DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
Advance copy of DHS/DOJ interim final rule further delaying the Security Bars and Processing Final Rule's effective date until 12/31/25. Comments will be due 30 days after publication. Interim final rule will be published in the Federal Register on 12/27/24.
Partners Provide Key Takeaways from J.O.P. v. DHS Settlement Agreement
Partners created a one-pager with five key takeaways from the J.O.P. v. DHS settlement agreement, including a reminder that USCIS must receive the prospective class member's I-589 by February 24, 2025.
EOIR Memo on Asylum EAD Clock in Immigration Proceedings
Chief Immigration Judge Sheila McNulty issued Operating Policies and Procedures Memorandum (OPPM) 25-01 providing directives on the proper handling of the Asylum Employment Authorization Document (EAD) Clock in immigration court proceedings and within the immigration courts.
DHS Final Rule on Application of Certain Mandatory Bars in Fear Screenings
DHS final rule amending its regulations to allow asylum officers to consider the potential application of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings. Rule is effective 1/17/25. (89 FR 103370, 12/18/24)
Think Immigration: INTERPOL Red Notice - More from the AILA Law Journal
AILA Law Journal author Sandra Grossman digs into updates about INTERPOL Red Notices and the updated article she and Ted Bromund shared in the most recent edition; these notices have a massive impact on affected clients and are often misunderstood.
AILA Executive Director Responds to Asylum Regulation
Ben Johnson responded to the asylum regulation published today: “This rule will not bring more consistency or order to border processing...Without adequate resources, this rule not only risks asylum applicants being wrongly rejected but also weakens accurate national security assessments.”
USCIS Provides Updated Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometrics and Biographic Information
USCIS updated its instructions for submitting certain applications in immigration court and for providing biometrics and biometric information to USCIS, noting that the instructions provide that I-589 applicants will no longer need to mail USCIS information to complete their biometrics collection.
CA1 Concludes That Petitioners’ Familial Relationship Was a Central Reason for Gang’s Death Threats
The court held that BIA wrongly found that one of the petitioners failed to show that the death threats made against her by members of a gang in El Salvador were on account of her familial tie to another petitioner, who was her intimate partner. (Lopez-Quinteros, et al. v. Garland, 12/13/24)
CA1 Finds Multiple Inconsistencies and Omissions in Record Supported IJ’s Adverse Credibility Determination as to Congolese Petitioner
The court held that substantial evidence supported the BIA’s denial of asylum, where the BIA had expressly discussed four inconsistencies and omissions in comparing petitioner’s declaration, application, documentary evidence, and testimony before the IJ. (Mondzali Bopaka v. Garland, 12/13/24)
OnDemand Web Seminar: Alternatives for CHNV Clients
Download the OnDemand recording of this web seminar about exploring alternative immigration options for clients who entered the United States under the Biden Administration's parole processes for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).
Think Immigration: What My Firsthand Experience with Asylum Seekers Taught Me
As part of our DEI Scholarship winner series, Estefani Munive shares her personal experience working with asylum seekers and their need to not just have legal representation, but also more holistic services because of the trauma and harm they have endured.
Notes from U.S. Citizenship and Immigration Services and AILA Winter 2024 Engagement
AILA USCIS focused committees met with USCIS for the quarterly Winter 2024 Engagement. Topics of discussion included processing, priorities and delays for family and humanitarian cases, FY2026 H-1B registration functionalities, and other updates.
CA1 Finds BIA Erred in Concluding Salvadoran Petitioner’s Asylum Claim Was Untimely
The court found that the BIA erred in rejecting the Salvadoran petitioner’s contention that he had satisfied the changed circumstances exception to the one-year deadline for filing an asylum application based on the development of his mental health issues. (Escobar Larin v. Garland, 12/5/24)
Call for Examples: Case Outcomes for Asylum Applicants
The AILA Asylum and Refugee Committee is seeking information about case outcomes for asylum applications subject to Circumvention of Lawful Pathways (CLP) and/or Securing the Border (STB), measures that have drastically reduced the ability of individuals to be granted asylum. Submit your examples.
Call for Examples: USCIS Responses to FOIA Requests
The American Immigration Council seeks examples of USCIS responding to FOIA requests for a-files and/or specific immigration records with a no records determination. Learn more.