Client Flyers
AILA provides a flyer to inform your clients of USCIS policies pausing processing for many benefits requests and ordering re-review of certain approved applications. The flyer is available as a generic PDF as well as a Word version you can customize with your firm's information. Please share.
Accessible to: Member, Student, Govt/Policy, Paralegal.
Litigation Resources, Sample Briefs
EB1-A plaintiff’s motion in support of summary judgement in case challenging USCIS’s extra-regulatory “final merits determination,” arguing it was created by memo without APA rulemaking, exceeds INA and regulations, and is arbitrary and capricious.
Accessible to: Member, Student, Paralegal.
Federal Court Cases, Litigation Resources, Sample Briefs
AILA member Brian Green secured a major victory in Mukherji v. Miller, where the U.S. District Court for the District of Nebraska held that USCIS unlawfully adopted and applied the so-called “Kazarian Step Two” final merits determination in adjudicating EB-1A petitions.
Accessible to: Member, Student, Paralegal.
Amicus Briefs/Alerts
In this brief, AILA and AIC argue that the Trump Administration’s unlawful mandatory detention policies subject long-term residents, abuse survivors, and others to abusive, coercive detention without legitimate purpose. They are filing similar briefs in related cases challenging these policies.
Accessible to: Member.
Federal Agencies, FR Regulations & Notices
EOIR interim final rule and comment request on appellate procedures for the BIA. Notably, the rule shortens the deadline to appeal from 30 to 10 days and makes reviewing cases on the merits discretionary. The IFR is effective 3/9/26. Comments are due 4/8/26. (91 FR 5267, 2/6/26; 91 FR 9705, 2/27/26)
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that “at the time of admission” in INA §237(a)(1)(H) refers to a noncitizen’s lawful entry after inspection and authorization, and thus fraud and misrepresentations at the time of adjustment cannot be waived under this provision. Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
AILA’s DOS Liaison Committee provides a resource to help members understand the current state of consular operations and U.S. Citizen services in Lebanon and Israel.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases
AIC along with other organizations filed a lawsuit against EOIR in the DC District Court to block its implementation of the recently published IFR amending BIA appellate procedures which is scheduled to go into effect on March 9. (Amica Center for Immigrant Rights, et al. v. EOIR et al., 2/26/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Amicus Briefs/Alerts
AILA’s amicus brief argues that DHS’s unprecedented placement of parolees into expedited removal is unlawful. This practice abandons a decades-old framework, trapping individuals in detention and blocking their lawful path to permanent status, causing severe harm to families and communities.
Accessible to: Member.
Federal Agencies, FR Regulations & Notices
EOIR will post an interim final rule implementing electronic filing and records applications for all cases before the Office of the Chief Administrative Hearing Officer (OCAHO), effective immediately. An advance copy of is available.
Accessible to Public.
Federal Agencies, FR Regulations & Notices
DOL NPRM replacing current analysis for determining employee or independent contractor status under the Fair Labor Standards Act with one modified from the 2021 rule. It will also apply to the Migrant and Seasonal Agricultural Worker Protection Act. Comments are due 4/28/26. (91 FR 9932, 2/27/26)
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 27, 2026.
2/27/26
Accessible to Public.
Professional Resources
If you are using a personal Gmail or other email account to communicate with clients, this one is for you: three reasons to get a professional email today.
Accessible to: Member, Student, Paralegal.
AILA Announcements
AILA’s Removal Litigation Toolbox equips immigration attorneys with a comprehensive library of motions, briefs, and appeals materials for immigration court, the BIA, and federal courts—plus practice advisories to strengthen removal defense.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
DOS posted questions and answers about the public charge rule and consular officers’ role in determining if visa applicants are likely to become a public charge.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
DOS has ordered non-emergency personnel and families of personnel to leave Beirut due to safety risks. The Embassy is prioritizing emergency services for U.S. citizens. Routine visa processing is unavailable; those with interviews will receive emails about the rescheduling of their appointments.
Accessible to Public.
Practice Resources
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
DOL will post a NPRM to rescind current analysis to determine employee or independent contractor status under the Fair Labor Standards Act and replace it with a modified version of the analysis adopted in a 2021 rule. It will also apply to the Migrant and Seasonal Agricultural Worker Protection Act.
Accessible to Public.
Practice Resources
AILA’s EB-5 Committee provides guidance on the legal implications and available options for EB-5 investors if their regional center is terminated under the EB-5 Reform and Integrity Act of 2022.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
DOL announced it will be conducting system maintenance on the Foreign Labor Application Gateway (FLAG) System on 2/26/26, 7:00-10:00 PM ET. System users will not be able to access FLAG during this time.
Accessible to Public.
Practice Resources
AILA’s DOS Committee provides a resource with practical strategies for using AIS to schedule NIV appointments.
Accessible to: Member, Student, Paralegal.
AILA Blog
Charity Anastasio, AILA Senior Counsel, Practice and Ethics, details the recent surge in immigration scams and the coordinated and sophisticated schemes threatening legitimate providers’ reputations.
2/26/26
AILA Doc. No. 26021162.
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 26, 2026.
2/26/26
Accessible to Public.
Client Flyers
AILA provides a flyer to warn clients and community members about the recent surge in immigration-related scams and how to protect themselves. Available as a generic PDF version as well as a customizable Word version in English, Spanish, Chinese, French, Tagalog, Vietnamese, and Arabic.
Accessible to Public.
AILA Announcements
AILA’s U.S. Citizenship and Naturalization Law Toolbox has been fully updated and delivers practical analysis, checklists, and tools for naturalization, proof of citizenship, denaturalization, and related tax issues. Built for real‑world client work—get the Toolbox today.
Accessible to Public.
Policy Briefs
The Administration has dismantled lawful immigration pathways wholesale, severely damaging our economy and national security, upending lives, and growing the undocumented population. This brief explores the harm these policies cause—and how Congress can create a better immigration system.
2/25/26
AILA Doc. No. 26022501.
Accessible to Public.
Memo & Regulatory Comments
AILA's USCIS Benefits Policy Committee submitted comments in response to Interim Final Rule removing the one-year abroad requirement for R-1 nonimmigrants who reach their authorized period of stay. AILA's comments welcomed the rule and provided additional considerations for religious workers.
Accessible to Public.
Professional Resources
Have questions about what to do if ICE shows up at your office? This practice success tip explores how to respond.
Accessible to: Member, Student, Paralegal.
Professional Resources
This suite of resources is tailored to immigration law professionals seeking to understand, implement, and ethically navigate the use of AI in their practice. Resources range from how-to guides and sample documents to expert-led CLE courses and updates on government use of AI.
Accessible to: Member, Student, Paralegal.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 25, 2026.
2/25/26
Accessible to Public.
AILA Announcements
When unlawful presence puts a case at risk, clear strategy matters. Provisional Waivers: A Practitioner’s Guide delivers step‑by‑step, practice‑tested guidance for building strong waiver cases, responding to RFEs, and handling denials. Get the guide today.
Accessible to Public.
AILA Governance
AILA provides a strategic plan for 2026-2029, approved by the Board of Governors on January 24, 2026.
2/24/26
AILA Doc. No. 26022404.
Accessible to: Member.
Federal Court Cases
DOJ filed a lawsuit against the State of New Jersey and Gov. Sherrill over the state’s Executive Order No. 12, which prohibits federal immigration officers from accessing state property to facilitate immigration enforcement, except with a judicial warrant or order. (U.S. v. New Jersey, 2/23/26)
2/24/26
AILA Doc. No. 26022403.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
USCIS shared a video that demonstrates how to submit a cap-subject H-1B registration.
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 24, 2026.
2/24/26
Accessible to Public.
AILA Announcements
Consular practice is changing fast. The new edition of the Consular Practice Handbook offers practical, up‑to‑date guidance for navigating heightened scrutiny, preparing clients, and responding to delays and refusals at posts worldwide. Get the Handbook today.
Accessible to Public.
EOIR's online filing system ECAS is experiencing an unplanned outage since 11:00 am (ET) on 2/23/26.
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, FR Regulations & Notices
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)
Accessible to Public.
Practice Resources
On January 16, 2026, DHS issued an Interim Final Rule removing the one-year abroad requirement for R-1 nonimmigrants who reach their authorized period of stay. The USCIS Benefits Policy Committee provides this pointer breaking down the IFR and highlighting outstanding considerations.
Accessible to: Member, Paralegal.
Cases & Decisions, Federal Court Cases
The court granted rehearing en banc and vacated the prior panel order addressing the Ninth Circuit’s automatic administrative stay procedures in immigration cases. (Rojas-Epinoza, et al. v. Bondi, 2/20/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Agencies, FR Regulations & Notices
HHS request for comments on a one-year extension with revisions of multiple forms approved for the Placement and Transfer of Unaccompanied [Alien] Children into ORR Care Provider Facilities. Comments are due 3/23/26. (91 FR 7992, 2/19/26)
Accessible to Public.
Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Blog
AILA ED Ben Johnson offers some key facts and figures about the harm caused by the Trump Administration’s immigration policies, writing that while “President Donald Trump is expected to use the 2026 State of the Union to defend his immigration crackdown...the numbers tell a very different story.”
2/23/26
AILA Doc. No. 26022305.
Accessible to Public.
AILA Announcements
Join our introductory roundtable on Mar. 4th, where AILA staff and volunteer leaders will provide a comprehensive overview of your benefits and answer any questions. Secure your spot by registering today.
2/23/26
Accessible to Public.
AILA Announcements
Join us on Feb 27th for a rountable where you will hear from various speakers regarding their career journeys and the different paths they took in immigration law so you can understand all the options available to you!
2/23/26
Accessible to Public.
AILA Announcements
Join us on Mar. 3rd for a seminar where our panel of experts will offer real-world scenarios of unexpected situations that could sabotage the hearing and offer best practices to salvage the case.
2/23/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court upheld the denial of petitioner’s motion to reopen her in absentia removal order, finding that her ineffective assistance claim failed to satisfy Matter of Lozada’s requirement that counsel document filing a disciplinary complaint. (Rodriguez Irias, et al. v. Bondi, 2/17/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.