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
DHS Proposed Rule on Employment Authorization for Asylum Applicants
DHS NPRM on employment authorization for asylum applicants. Among other changes, the rule 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. Comments are due 4/24/26. (91 FR 8616, 2/23/26)
DHS to Publish NPRM Changing Asylum Seeker EAD Application Requirements
DHS will publish an NPRM changing EAD application requirements for asylum seekers. It would stop acceptance of asylum seekers' applications when average affirmative asylum processing time is over 180 days, extend the wait to apply to a year, and change processing time and eligibility requirements.
BIA Holds That Unique Child-Specific Reporting Barriers Do Not Apply to Adults and That IJ’s Internal Relocation Finding Was Erroneous
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
AILA and CGRS Argue Gender-Based Violence Is Persecution
In an amicus brief, AILA and the Center for Gender and Refugee Studies (CGRS) argue persecution based on a woman’s status as a Salvadoran woman supports a cognizable asylum claim, and that the BIA may not exclude gender based violence from qualifying persecution. (Gutierrez Flores v. Bondi, 2/20/26)
Policy Brief: Right-Sizing Vetting for a Secure, Fair, and Efficient Immigration System
This brief explores the impact of recent changes to USCIS policy promoting “extreme vetting” and how a smarter, risk‑based approach to screening and vetting can enhance security while preserving fairness, efficiency, and constitutional principles.
CA1 Upholds Asylum Denial Where Guatemalan Petitioner Alleged Years of Abuse by Former Partner
The court upheld the denial of asylum as to the Guatemalan petitioner, who alleged years of sexual and physical abuse at the hands of her former partner, finding that she failed to develop any challenge to the legal and factual bases for the BIA’s ruling. (Cante Mijangos v. Bondi, 2/18/26)
CA1 Vacates Asylum Denial as to Nepalese Petitioner Who Received Maoist Death Threats and Submitted Corroborating Evidence
The court held that the BIA erred by failing to consider potentially significant evidence the petitioner provided independent of his testimony pertaining to his likelihood of future persecution and torture, as relevant to his asylum and related claims. (Khanal, et al. v. Bondi, 2/18/26)
CA9 Orders Supplemental Briefing and Invites Amicus Briefs on Whether Circumvention of Lawful Pathways Rule Is Consistent with INA §208
The court vacated submission, ordered supplemental briefing, and invited amicus briefs on whether the Circumvention of Lawful Pathways rule at 8 CFR §1208.33(a) is consistent with INA §208. (Garcia Morales, et al. v. Bondi, 2/18/26)
BIA Vacates CAT Deferral Where IJ Relied on Expert Testimony Lacking Sufficient Factual Basis
The BIA held that the relevance and reliability of an expert witness’ opinions are significantly undercut when those opinions are informed by anecdotal or inaccurate facts or data, and vacated the IJ’s grant of deferral of removal under the CAT. Matter of G–M–I–, 29 I&N Dec. 431 (BIA 2026)
CA10 Upholds Asylum Denial as to Petitioner Who Alleged Salvadoran Police Abuse Based on Suspected Gang Affiliation
The court held that the petitioner failed to establish that harm by Salvadoran police based on his alleged membership in a particular social group (PSG)—namely, those with “imputed gang membership”—was on account of a protected ground. (Bonilla-Espinoza v. Bondi, 1/27/26)
BIA Holds That Written Frivolousness Warnings on Asylum Application Satisfy Statutory Notice Requirement
The BIA held that the written warnings on respondent’s initial asylum application provided respondent with statutorily compliant notice of the consequences of filing a frivolous application, irrespective of the absence of oral warnings by an IJ. Matter of S–M–H–, 29 I&N Dec. 412 (BIA 2026)
DHS Ratification of Security Bars and Processing Final Rule
DHS published notice of DHS Secretary’s ratification of the Security Bars and Processing final rule (85 FR 48160, 12/23/20) and NPRM (85 FR 41201, 7/9/20). The ratification was signed 12/15/25. USCIS and EOIR issued a partial withdrawal and correction of the rule on 12/30/25. (91 FR 2285, 1/20/26)
CA9 Remands Asylum Claim of Honduran Domestic Violence Victim Due to Futility of Reporting
The court held that the record compelled the conclusion that the petitioner’s reporting of her beatings by her partner to Honduran authorities would have been futile, and thus granted the petition for review as to her asylum and withholding claims. (Guevara-Serrano, et al. v. Bondi, 1/20/26)
Carrier Liaison Program Issues Bulletin on the Suspension of First-Time Refugee Admissions
CBP’s Carrier Liaison Program issued a bulletin on the suspension and restriction of entry of first-time arriving refugees pursuant to Executive Order 14163.
BIA Holds That Serious Nonpolitical Crime Bar Does Not Include Duress Exception
The BIA held that the serious nonpolitical crime bar to asylum and withholding of removal does not include a duress exception. Matter of D–G–B–L–, 29 I&N Dec. 392 (BIA 2026)
CA5 Holds That Denial of Affirmative Asylum to TPS Holders Is Not Final Agency Action
The court held that USCIS’s denial of affirmative asylum applications as to Temporary Protected Status (TPS) holders does not constitute final agency action under the APA, and affirmed the district courts’ dismissals of the plaintiffs’ APA lawsuits. (Sayegh de Kewayfati v. Bondi, 1/14/26)
SAVE Announcement on Reduced Maximum Validity Periods for EADs
SAVE posted an update regarding USCIS’ 12/4/25 policy update reducing the maximum validity period of initial and renewal employment authorizations documents (EADS) for some categories, including asylum seekers, from five years to 18 months. This applies to those filed or pending on or after 12/5/25.
USCIS Announces Launch of Refugee Re-Examination Initiative in Minnesota
USCIS announced the launch of Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening) to reexamine refugee cases, beginning with refugees in Minnesota without lawful permanent resident status. This will include new background checks, reinterviews, and merit reviews.
BIA Holds That Death Threats Alone Rarely Constitute Persecution and Require Objective Credibility and Immediate Ability to Carry Out
The BIA held that death threats alone rarely rise to the level of persecution and only do so if they are objectively credible and issued by a person or persons with the immediate ability to carry them out. Matter of E–M–F–S–, et al., 29 I&N Dec. 379 (BIA 2026)
CA8 Upholds Asylum Denial as to Guatemalan Domestic Violence Survivor Based on Lack of Nexus
The court held that the Guatemalan petitioner, who alleged domestic abuse by her former partner, failed to establish a nexus between the abuse and a protected ground, and did not show a likelihood of torture with government acquiescence. (Aguilar-Hernandez, et al. v. Bondi, 1/6/26)
CA11 Upholds Denial of CAT Relief to Colombian Petitioner Alleging Harm by FARC
The court held that substantial evidence supported the denial of Convention Against Torture (CAT) relief and that the BIA did not err in rejecting the petitioner’s ineffective assistance of counsel claim pursuant to Matter of Lozada. (Gutierrez-Mikan, et al. v. Att’y Gen., 1/5/26)
EOIR Policy Memorandum (PM 26-01) on the Annual Asylum Fee
EOIR Director issued Policy Memorandum 26-01 on the annual asylum fee. EOIR will waive the fee for asylum applications that were pending for one year or more 4/5/25-9/30/25 and administratively final as of 9/30/25. EOIR will apply the fee to applications pending for one year or more as of 10/1/25.
USCIS and EOIR Partial Withdrawal and Correction of Final Rule on Security Bars and Processing
USCIS and EOIR partial withdrawal and correction of Final Rule on Security Bars and Processing. The rule allows the agencies to consider public health risks a security risk bar to asylum and withholding of removal in the event of a public health emergency, effective 12/31/25. (90 FR 61035, 12/30/25)
DHS Announces Rule Allowing Consideration of Public Health Risks as Bar to Asylum
DHS announced publication of a final rule that allows DHS and DOJ to consider public health risks as a security risk bar to asylum and withholding of removal in the event of a public health emergency, effective 12/31/25. An advance copy of the rule, which will be published 12/30/25, is available.
DHS Notice of U.S.-Paraguay MOU for Cooperation in Examination of Protection Requests
DHS published the Memorandum of Understanding (MOU) between the U.S. and Paraguay for Cooperation in the Examination of Protection Requests. It was signed by representatives from DHS, DOS, and the Paraguayan National Commission for Stateless Persons and Refugees on 8/14/25. (90 FR 60114, 12/23/25)