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
USCIS Notice of FY26 Adjustments for Inflation for Certain Fees Required by H.R. 1
USCIS announced FY26 inflationary adjustments to certain fees required by H.R. 1. The new fees must be included with benefit requests postmarked on or after the effective date of 1/1/26. (90 FR 52693, 11/21/25)
USCIS Announces FY26 Inflation Increase for Certain Fees Required By H.R. 1
USCIS announced increases to certain immigration-related fees required by H.R. 1 for FY 2026. The new fees must be included with benefit requests postmarked on or after the effective date of 1/1/26.
DHS Ratification of Final Rule on Procedures for Asylum and Withholding of Removal
DHS notice that DHS Secretary ratified DHS and DOJ’s final rule and NPRM titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review”. The ratification was signed 10/29/25 and relates back to the original date of the action it ratifies. (90 FR 51989, 11/19/25)
TRAC Reports Immigration Court Asylum Grant Rates Cut in Half
A report from TRAC (Transactional Records Access Clearinghouse) shows that asylum grant rates declined from 38.2% in August 2024 to 19.2% in August 2025.
DHS Notice of U.S.-Ecuador Agreement on Transfer of Third-Country Nationals to Ecuador
DHS published the Agreement between the Government of the United States of America and the Government of the Republic of Ecuador relating to the transfer of third-country nationals to Ecuador, effected by exchange of diplomatic notes on 7/16/25 and 7/23/25. (90 FR 51376, 11/17/25)
BIA Holds That Isolated Police Refusal Does Not Establish Government Unwillingness to Protect
The BIA held that a single attempt to report harm by private actors to local police, without further police harm or evidence of widespread collusion with the alleged persecutors, does not show the government is unable or unwilling to protect. Matter of K-S-H-, 29 I&N Dec. 307 (BIA 2025)
CA9 Holds That BIA Abused Its Discretion by Declining to Remand to IJ for Competency Determination
The court held that the record evidence, including head trauma, alcohol abuse, dementia, anxiety, depression, and memory disturbance, clearly contained indicia of incompetence warranting further inquiry by the IJ. (Lemus-Escobar v. Bondi, 6/16/25, amended 11/10/25)
CA9 Stays Panel Order Denying Stay of Removal for Peruvian Family in Asylum Case Pending En Banc Vote
The court stayed its 10/24/25 panel order denying a motion for a stay of removal for a Peruvian family, after a judge requested a vote on en banc rehearing. The panel vacated oral argument and allowed optional supplemental briefs on the en banc question. (Rojas-Espinoza v. Bondi, 11/10/25)
Cheat Sheet: Categories Previously Eligible for Automatic Extensions
Following the publication of a new IFR (90 FR 48799, 10/30/25) removing 540-day automatic extensions for work authorization renewals, AILA has put together a chart showing the list of categories that are impacted by this change.
USCIS Announces Compliance with 10/30/25 Court Order Halting Annual Asylum Fee
USCIS announced that it is complying with the district court order in ASAP v. USCIS on 10/30/25 and has paused the issuance of Annual Asylum Fee (AAF) notices. Applicants may disregard previously issued AAF notices while the stay is in place. USCIS will not refund previously paid AAFs.
BIA Reverses IJ’s Determination That Respondent with Gang Affiliation Had Established Likelihood of Torture in Panama
The BIA held that IJ’s predictive factual findings based on a series of suppositions regarding the harm respondent would likely suffer in Panama were clearly erroneous and did not support a grant of Convention Against Torture (CAT) protection. Matter of L–A–G–B–, 29 I&N Dec. 343 (BIA 2025)
BIA Vacates IJ’s Grant of Asylum as to Political Activist from Moldova
The BIA held that the respondent did not establish a well-founded fear of persecution based on a pretextual summons for his political activity and country conditions evidence that political activists are detained and severely harmed in Moldova. Matter of N–P–A–, 29 I&N Dec. 347 (BIA 2025)
Practice Alert: New Asylum Application Fees and Category (c)(8) Employment Authorization Document Fees Mandated by H.R.1
The Asylum and Refugee Committee, in coordination with the EOIR Committee, are issuing this practice alert to clarify the H.R.1-imposed fees on new and pending asylum applications. This document will continue to be updated with any new or updated guidance.
Staying Brave is Hard for Immigrants and Attorneys Alike
AILA Elected Director Heather Prendergast describes a recent consultation that deeply affected her as a young Venezuelan couple faces detention and removal after a routine traffic stop upended their lives.
BIA Holds That Asylum Seekers Must Prove “More Likely Than Not” Persecution in Third Country to Overcome ACA Bar
The BIA held that respondents subject to an asylum cooperative agreement (ACA) must prove by a preponderance of evidence they will more likely than not be persecuted or tortured in the third country to avoid the safe third country bar. Matter of C–I–G–M– & L–V–S–G–, 29 I&N Dec. 291 (BIA 2025)
Presidential Determination on Refugee Admissions for Fiscal Year 2026
Memorandum for DOS, DHS, and HHS secretaries with the presidential determination of the admission of up to 7,500 refugees in FY2026. Admissions will be primarily allocated to Afrikaners and “other victims of illegal or unjust discrimination in their respective homelands.” (90 FR 49005, 10/31/25)
Presidential Determination on Transferring the United States Program of Initial Refugee Resettlement
Memorandum for DOS and HHS secretaries transitioning the administration of initial resettlement grants and contracts from DOS to HHS’s Office of Refugee Resettlement.
CA4 Finds BIA Failed to Meaningfully Consider Country-Conditions Evidence Regarding Violence Against Women in Honduras
The court held that the BIA abused its discretion by failing to fully consider the country-conditions evidence that the Honduran petitioner put forth to support her claims for asylum, withholding of removal, and Convention Against Torture (CAT) protection. (Alfaro-Zelaya v. Bondi, 10/31/25)
USCIS Updates Information for Rosario Class Action Members
USCIS posted updated information regarding the Rosario Class Action for asylum seekers whose requests for EADs have not been adjudicated within the 30-day period. It provides an overview of the class action and inquiry instructions for class members whose EADs have not been adjudicated.
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 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.
AILA Law Journal, Vol. 7, Number 2, October 2025
The October 2025 edition of the AILA Law Journal is now available.
Practice Pointer: Pretermission of Asylum Applications: New Case Law and Policy Developments
Practice pointer on new threats to due process regarding expanding efforts to pretermit asylum claims without hearings—citing new BIA precedent and policy targeting Central/South Americans.
Attorney General Reinstates Matter of Negusie, Reaffirming No Duress Exception to Persecutor Bar
The AG vacated the stay of the BIA’s 2021 order and reinstated Matter of Negusie, which held that the bar to asylum eligibility for noncitizens who have engaged or assisted in the persecution of another does not contain a duress exception. Matter of Negusie, 29 I&N Dec. 285 (A.G. 2025)
Call for Examples: Defending Asylum - Collecting Stories for Advocacy (including Dismissals and Pretermissions)
AILA is collecting stories and data of asylum seekers who have been harmed or deeply impacted by changes in policy. We are particularly focused on people whose claims have been dismissed or pretermitted in either USCIS or immigration courts since 1/22/25.