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
AILA Submits Comment Opposing USCIS NPRM Limiting Discretionary Employment Authorization
AILA submits comment on USCIS’s proposed changes to limit eligibility for discretionary employment authorization. The comment argues that this policy change would have drastic negative consequences for applicants, employers, families, and economy.
CA2 Holds That IJs Need Not Make Adverse Credibility Finding Before Requiring Corroboration
The court held an IJ does not need to make an adverse credibility finding before requiring corroboration, that BIA forfeiture rulings are reviewed for abuse of discretion, and upheld the finding that the petitioner failed to establish a likelihood of torture. (Al Saidi v. Blanche, 8/3/26)
BIA Says IJ Erred in Finding Afghan Respondent Credible and Granting Asylum Without Addressing Numerous Inconsistencies
The BIA held that the IJ erred in finding the respondent credible and granting asylum based on his claimed fear of the Taliban in Afghanistan without adequately addressing numerous record inconsistencies, including his credible fear interview. Matter of A–Q–R–K–, 29 I&N Dec. 865 (BIA 2026)
CA9 Holds That Age-Based PSGs Are Immutable as a Matter of Law and BIA Must Review Nexus Determinations De Novo
The court held that age-based particular social groups are immutable as a matter of law because asylum applicants cannot alter their age to escape persecution, and that the BIA erred in reviewing the IJ’s nexus finding for clear error rather than de novo. (Garcia Demetrio v. Blanche, 7/20/26)
Practice Alert: Reports of Arrests at USCIS Asylum Office Interviews
AILA has received recent reports of DHS enforcement actions at USCIS asylum offices. In some cases, clients had criminal convictions or other past criminal issues, but in others there were no apparent criminal issues or other factors indicating why the person was targeted for arrest.
The Hill: New Rule Could Speed Deportation of Asylum Seekers
The Hill reports a new USCIS rule will allow asylum officers to refer certain asylum applications to immigration court without conducting an asylum interview. AILA Executive Director Ben Johnson said, “This is one more nail the Administration has hammered into the coffin of the U.S. asylum system.”
CA6 Holds That NTA Claims-Processing Objection Was Forfeited and Affirms Denial of Motion to Suppress, Withholding, and CAT Claims
The court held that the petitioner forfeited his Notice to Appear (NTA) claims-processing objection, failed to establish a prima facie case of an illegal stop, and did not show a protected-ground nexus for withholding or a likelihood of torture. (Perez-Hernandez v. Blanche, 7/28/26)
BIA Finds Respondent Not Credible and Without Sufficient Corroboration of Sexual Orientation for Purposes of CAT Eligibility
The BIA held that the respondent showed no prejudice from electronic service or the IJ's evidentiary rulings, and that where he was not credible and did not corroborate his sexual orientation, he did not establish eligibility for CAT protection. Matter of S–K–E–, 30 I&N Dec. 27 (BIA 2026)
USCIS Announces IFR Allowing Officers to Refer Asylum Applicants to EOIR Without Interview
USCIS announced an upcoming interim final rule (IFR), to be published in the Federal Register on 7/28/26, allowing asylum officers to refer applicants to immigration court without first interviewing them. The rule will be in effect as of publication. An advance copy is available.
Practice Alert: Reports of Increased Detention at U.S. Airports for Individuals Traveling Domestically
AILA has received a number of reports over the past few days of individuals without lawful status, including those in a period of authorized stay based on pending applications, being detained at airports across the country while traveling domestically.
AILA Executive Director Responds to Asylum Rule
Ben Johnson, Executive Director of the American Immigration Lawyers Association (AILA) responded to the interim final rule “Affirmative Asylum Referrals Without Interview” published on 7/27/26.
Practice Alert: DHS Interim Final Rule on Affirmative Asylum Referrals Without Interview
On 7/27/26, DHS posted public notice of an interim final rule they intend to publish on 7/28/26, to go into effect the same day. Asylum offices will be able to refer cases to EOIR without an interview based on certain factors including missing the one year filing deadline and officers' discretion.
BIA Holds That Failure to Pay Annual Asylum Fee Is Fatal to Asylum Application but Does Not Extend to Withholding or CAT Protection
The BIA held that an asylum application should be pretermitted or deemed abandoned for failure to pay the annual asylum fee by the prescribed deadline, but that the fee and consequences for nonpayment do not extend to withholding or CAT protection. Matter of L–F–R–, 29 I&N Dec. 787 (BIA 2026)
Practice Alert: USCIS Alerts Applicants of Form I-765 Revocations and Form I-131 Terminations
AILA's USCIS Operations Committee seeks examples of instances where a revocation of an EAD or termination of an AP were issued while the underlying benefit remains pending or where the actual EAD/AP remained pending at the time of revocation or termination. Please submit examples to reports@aila.org
USCIS Announces Compliance with Stay of H.R. 1-Related Rules for TPS-Based EADs and Asylum Annual Fee Nonpayment
USCIS announced compliance with the order in Venez. Ass’n of Mass. v. USCIS that temporarily enjoins USCIS from applying H.R. 1 provisions to prematurely end the validity of certain EADs granted under TPS and terminate asylum application and associated EADs for non-payment of the annual asylum fee.
District Court Grants Emergency Relief and Temporarily Blocks Policies Threatening Work Authorization for TPS Holders and Asylum Seekers
On July 22, a federal judge issued an administrative stay in an APA and due process challenge to USCIS policies affecting TPS holders and asylum seekers. The order temporarily preserves work authorization while the court considers broader relief, with a decision expected by August 5.
USCIS IFR Codifying H.R. 1 Fees and Requirements Including Penalty for Unpaid Annual Asylum Fee
USCIS 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. (91 FR 22952, 4/29/26; 91 FR 45637, 7/21/26)
CA4 Upholds Asylum Denial Where Gang’s Generalized Aim of More Members and More Money Did Not Supply the Required Nexus
The court held that substantial evidence supported findings that MS-13 targeted the petitioner to extort money and expand its ranks, not because of his youth or resistance to recruitment, and that any future harm would not occur with official acquiescence. (Flores-Turcios v. Blanche, 7/16/26)
District Court Denies Government Motion to Stay Decision Vacating USCIS Hold Policies in Dorcas v. USCIS
The U.S. District Court in Rhode Island denied the government’s motion to stay the 6/5/26 decision vacating USCIS's Benefits and Global Asylum Hold Policies, Comprehensive Re-Review Policy, and Country-Specific Factors Policy pending appeal. (Dorcas Int'l Institute of Rhode Island v. USCIS, 6/5/26)
Practice Alert: Disturbing Trends in Affirmative Asylum Adjudications
AILA members have reported a growing number of concerns in affirmative asylum adjudications. These reports suggest emerging patterns that may be affecting case processing, interview procedures, adjudication timelines, and decision-making in affirmative asylum cases.
ORR Notice of Change in Eligibility Period for Refugee Cash Assistance and Refugee Medical Assistance
ORR notice that it is increasing the eligibility period for Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) from 4 months to 8 months, effective 7/14/26. (91 FR 43107, 7/14/26)
BIA Finds DHS’s Oral Motion to Pretermit Provided Sufficient Notice of Intent to Remove Respondents to Ecuador under ACA
The BIA held that DHS’s oral motion to pretermit respondents’ applications for asylum and related protection provided sufficient notice of its intent to remove them to a third country pursuant to an asylum cooperative agreement (ACA). Matter of E–A–R–M–, et al., 29 I&N Dec. 746 (BIA 2026)
BIA Holds That DHS Need Not Provide Implementing Instrument to Establish That Respondents Are Subject to ACA
The BIA held that DHS need not provide an asylum cooperative agreement (ACA) implementing instrument or a full set of operative terms and criteria to show respondents are subject to the ACA for purposes of the safe third country bar. Matter of N–E–R–S–, et al., 29 I&N Dec. 753 (BIA 2026)
CA2 Vacates CAT Denial Where Agency Failed to Assess Whether Former Gang Member’s Likely Detention in El Salvador Would Constitute Torture
The court held that the agency failed to properly assess whether petitioner’s likely detention in El Salvador, including prison conditions intentionally created and maintained by the government, would amount to torture, and thus remanded his CAT claim. (Aguilar-Villalobos v. Blanche, 7/8/26)
BIA Holds That Conscription Is Not a Standalone Asylum Basis and the Inhuman Conduct Exception Must Be Tethered to a Protected Ground
The BIA held that conscription is not a standalone asylum basis absent a nexus to a protected ground, and that conscription requiring inhuman conduct condemned by the international community is persecution only when tethered to a protected ground. Matter of R–A–N–, 29 I&N Dec. 739 (BIA 2026)