Practice Resources
On January 6, 2026, USCIS updated the TPS websites for Honduras, Nepal and Nicaragua to reflect the December 31, 2025 decision in National TPS Alliance et al. v. Noem et al. Please see practice alert for employer implications.
Practice Resources
The Verification and Documentation Committees provides a comprehensive chart on current status, key updates, and EAD notes for TPS and parole programs.
Professional Resources
Discover how intentional legal design can transform immigration law firms from burnout-prone environments into resilient, sustainable practices built for real people.
Federal Agencies, Agency Memos & Announcements
DOL released a flyer for employers regarding "Project Firewall," an enforcement initiative with the stated purpose of ensuring employers comply with the H-1B program's standards preventing displacement of U.S. workers. The flyer includes H-1B employers' obligations and how to report violations.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 23, 2026.
1/23/26
Cases & Decisions, Federal Court Cases
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)
Cases & Decisions, Federal Court Cases
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)
Cases & Decisions, Federal Court Cases
The court held that substantial evidence supported the BIA’s denial of CAT deferral to petitioner, concluding that El Salvador’s harsh prison conditions were not specifically intended to inflict torture and that the risk of future torture was speculative. (Fuentes-Pineda v. Bondi, 1/14/26)
Federal Agencies, FR Regulations & Notices
DHS 60-day notice of the reinstatement of Form I-945, Public Charge Bond. USCIS uses Form I-945 to ensure that the conditions of the bond are fully articulated and met when USCIS accepts the public charge bond posting. Comments are due 2/23/26. (90 FR 44694, 9/16/25; 91 FR 2790, 1/22/26)
Federal Agencies, FR Regulations & Notices
USCIS notice of reinstatement with change of Form I-356, Request for Cancellation of a Public Charge Bond. Comments are due by 2/23/26. (90 FR 45238, 9/19/25; 91 FR 2791, 1/22/26)
Professional Resources
Nonprofit lawyers typically carry some of the highest caseloads among immigration practitioners. This article will focus on common ethics issues that arise in nonprofit organizations that assist immigration clients and offers practical tips and best practices when lawyers transition in their career.
1/22/26
AILA Doc. No. 22100306.
Ethics
Correspondence
AILA sent a letter to USCIS regarding reports that USCIS local field offices and customer service channels are refusing to recognize the continued lawful status of EB-5 investors and derivatives following the denial of Form I-829.
AILA Blog
AILA member Yalda Hajavi reflects on the spiritual aspect of the immigration journey, writing that “anyone who has lived through the process knows that it’s also an internal journey—one that demands patience, resilience, and a deep sense of purpose.”
1/22/26
AILA Doc. No. 26012203.
Professional Resources
Jumpstart 2026 with these sample technology policies to help your firm stay on track.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 22, 2026.
1/22/26
Cases & Decisions, DOJ/EOIR Cases
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)
Federal Agencies, Agency Memos & Announcements
Whistleblower Aid disclosed to the Senate, on behalf of two anonymous U.S. Government officials, an unreleased ICE policy directive allowing agents to enter residences to conduct arrests and removals without consent or a warrant issued by a federal judge. The document includes the memo text.
Federal Agencies, Agency Memos & Announcements
DHS announced that it is temporarily increasing the stipend for eligible individuals who “self-deport” using the CBP Home App from $1,000 to $2,600.
1/21/26
AILA Doc. No. 26012106.
Federal Agencies, Agency Memos & Announcements
DHS Secretary issued a memo on congressional oversight visits to ICE facilities, requiring Members of Congress to email Office of Congressional Relations 7 days in advance for permission to visit. It directs ICE to use H.R. 1 funding for these activities to avoid the 12/17/25 order in Neguse v. ICE.
Practice Resources
The DOS Liaison Committee provides a briefing on the contents of the February 2026 Visa Bulletin, and discusses the January 29, 2026, expiration of the extension of the Employment Fourth Preference Certain Religious Workers (SR) Category.
Practice Resources
DOS announced that NIV applicants will be required to interview in the consular district for their place of residence, or in their country of nationality, with limited exceptions.
Practice Resources
DOS announced that IV applicants will be required to interview in the consular district for their place of residence, or in their country of nationality, with limited exceptions.
Congressional Updates
AILA sent a vote recommendation to Congress on 1/21/26 urging a NO vote on the FY2026 Homeland Security Appropriations bill.
Federal Agencies, FR Regulations & Notices
EOIR notice announcing inflationary adjustments for Fiscal Year (FY) 2026 to immigration-related fees for filings with EOIR required by H.R. 1. The fees are effective 2/1/26 and must be included with filings postmarked on or after that date. (91 FR 2561, 1/21/26)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 21, 2026.
1/21/26
Practice Resources
Federal and state governments have built new detention facilities this year at breakneck speed, with the needs of detainees taking a back seat. This resource from the Benefits Litigation Committee outlines strategies for using litigation to challenge poor medical care in ICE detention.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the respondent willfully misrepresented a material fact by omitting his Bosnian War military service from his refugee application, and that he did not warrant a discretionary fraud waiver under INA §237(a)(1)(H). Matter of M–C–C–, 29 I&N Dec. 401 (BIA 2026)
Federal Agencies, FR Regulations & Notices
DOL request for comment on the proposed extension of the Report on Occupational Employment and Wages. Comments are due 3/17/26. (91 FR 2156, 1/16/26)
Federal Agencies, FR Regulations & Notices
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)
Federal Agencies, FR Regulations & Notices
DOL notice announcing the annual update to the Adverse Effect Wage Rate (AEWR) for H–2A workers to perform herding or production of livestock on the range. The new AEWR is effective 2/3/26. (91 FR 2373, 1/20/26)
AILA Governance
View the schedule of upcoming AILA Board of Governors meetings.
1/20/26
AILA Doc. No. 99900686.
Memo & Regulatory Comments
AILA submits comment in relation to the Paper Reduction Act (PRA) in conjunction to forms associated with the proposed rule on Public Charge.
AILA Announcements
The American Immigration Lawyers Association urges Congress to oppose any increase in funding for DHS in the FY26 DHS Appropriations Bill.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 20, 2026.
1/20/26
Congressional Updates, Correspondence
AILA sent a letter to Congressional leadership urging Congress demand the Trump Administration take all possible government action to protect individuals currently affected by the ongoing unrest in Iran. The letter offers recommended government actions different agencies can undertake.
Examples & Questions
AILA's DOL Committee requests questions from the membership for a Spring meeting with DOL's OFLC. The meeting is tentatively scheduled for April 18 (Spring Conference). Deadline to submit questions is COB on Friday, February 20, 2026.
Tutorial Videos, Professional Resources
Feeling stressed? Let us introduce you to the soothing power of meditation right from the comfort of your office. Meditation connects your mind and breath to help reduce stress and anxiety at any time and anywhere. Learn how in this guided AILA Moment of Mindfulness meditation.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 16, 2026.
1/16/26
Federal Agencies, FR Regulations & Notices
DHS interim final rule and request for comments on removing the one year wait time R-1 religious workers must reside abroad before re-entering the U.S. in R-1 status and replacing it with no minimum wait period. The rule is effective 1/16/26. Comments are due 3/17/26. (91 FR 2049, 1/16/26)
Professional Resources
Virtual meetings have become more common for everyone, requiring effective strategies to maintain professionalism and engagement. This article offers practical advice to enhance the virtual meeting experience.
Federal Agencies, Agency Memos & Announcements
DHS Secretary Kristi Noem issued a statement announcing Charles Wall as the new Deputy Director of ICE. Previously, Mr. Wall served as ICE's Principal Legal Advisor and has been at ICE since 2012.
Federal Agencies, Agency Memos & Announcements
EOIR announced the investiture of two Deputy Chief Appellate Immigration Judges, Stephanie E. Gorman and Gregory Radics, and Appellate Immigration Judge Renae M. Hansell on 1/15/26.
Practice Resources
AILA's USCIS Operations Committee provides a brief breakdown of the 01/01/2026 policy memorandum (PM-602-0194). Please note that as of 01/15/2026, USCIS has not issued corresponding pause on adjudications of AOS for nationals of the 75 countries included in the DOS pause announcement.
Cases & Decisions, DOJ/EOIR Cases
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)
Practice Resources
On January 14, the State Department announced starting January 21, 2026, it will stop immigration visa processing for applicants from 75 countries. Applicants will still be allowed to submit applications and attend scheduled interviews, but no new visas will be issued.
Correspondence
AILA sent a letter to President Trump urging all government action be taken to protect individuals currently affected by the ongoing unrest in Iran. The letter offers multiple actions that government agencies should undertake to protect as many individuals as possible.
Agency Memos & Announcements
On January 14, the State Department announced starting January 21, 2026, it will stop immigration visa processing for applicants from 75 countries. Applicants will still be allowed to submit applications and attend scheduled interviews, but no new visas will be issued.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 15, 2026.
1/15/26
Congressional Updates, Correspondence
AILA joined an organizational sign-on letter led by the ACLU and other organizations calling on Members of Congress to oppose any increased funding to ICE and CBP through FY2026 appropriations and to demand increased accountability and oversight measures.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that Matter of Laparra is reinstated in the First Circuit and is good law in circuits without contrary precedent, finding that a compliant notice of hearing supports an in absentia removal order despite a defective NTA. Matter of Laparra-Deleon, 29 I&N Dec. 389 (BIA 2026)