Recent Postings

1 - 50 of 94
Federal Court Cases

CA1 Denies Government’s Request for Stay on Order Finding $100,000 H-1B Fee Unlawful

The U.S. Court of Appeals for the First Circuit denied the government’s motion to stay a district court order that found the $100,000 H-1B fee unlawful. Although USCIS has not issued further guidance on the applicability of fee, it should not be required. (State of California v. Mullin, 7/24/26)

7/28/26 AILA Doc. No. 26072806. Business Immigration, H-1B & H-1B1 Specialty Occupation
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

Practice Alert: TPS and Parole Status Updates Chart

The Verification Committee provides a comprehensive chart on current status and EAD notes for TPS and parole programs.

Special thank you to Kathleen Campbell Walker, Meredith Jolie, John Mazzeo, Timothy D’Arduini, Sarah Peterson, and Kimberley Best Robidoux for their contributions to the chart.

Accessible to Public.

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.

7/28/26 AILA Doc. No. 26072805. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Paralegal.
FR Regulations & Notices

USCIS Interim Final Rule on Affirmative Asylum Referrals Without Interview

USCIS interim final rule allowing asylum officers to refer certain asylum applications to EOIR without conducting an asylum interview. The rule is effective 7/28/26. Comments are due 9/28/26. (91 FR 47101, 7/28/26)

7/28/26 AILA Doc. No. 26072804. Asylum & Refugees, Removal & Relief
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Holds That Oregon Felony Fourth-Degree Assault Witnessed by Minor Child Is a Crime of Child Abuse, Neglect, or Abandonment

The court held that the petitioner’s Oregon conviction for felony fourth-degree assault for battering his wife in front of their minor children was a crime of child abuse, child neglect, or child abandonment under INA §237(a)(2)(E)(i). (Diaz-Boyzo v. Blanche, 7/23/26)

7/28/26 AILA Doc. No. 26072803. Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements

Sign Up for an AILALink Training

Learn how AILALink is the perfect tool for electronic access to the books and other research resources you need. Sign up for our next group training at 2:00 pm (ET) on Tuesday, August 4.

7/28/26 AILA Doc. No. 15082740.
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA9 Holds That Child Who Turns 21 During BIA Appeal Is No Longer a Qualifying Relative for Cancellation of Removal

The court held that INA §240A(b)(1)(D) requires assessing qualifying relatives as of the agency’s final adjudication, and found that a child who turned 21 during petitioner’s BIA appeal could no longer support their eligibility for cancellation of removal. (Torres-Casas v. Blanche, 7/22/26)

7/28/26 AILA Doc. No. 26072802. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News

Daily Immigration News Clips - July 28, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 28, 2026.

7/28/26
Accessible to Public.
Cases & Decisions, Federal Court Cases

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)

7/28/26 AILA Doc. No. 26072801. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA1 Finds Record Compelled Finding of Indicia of Incompetency Requiring IJ to Conduct Competency Inquiry

The court held that the record compelled a finding of indicia of incompetency requiring further inquiry under Matter of M–A–M–, where the petitioner had head trauma and a psychologist reported his ability to assist his attorney and the court was compromised. (Rana v. Blanche, 7/23/26)

7/28/26 AILA Doc. No. 26072800. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

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.

7/27/26 AILA Doc. No. 26072708. Asylum & Refugees
Accessible to: Member, Student, Paralegal.
AILA Public Statements, Press Releases

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.

7/27/26 AILA Doc. No. 26072707. Asylum & Refugees
Accessible to Public.
AILA Announcements

Master the Fundamentals of Immigration Law

Gain a solid understanding of U.S. immigration law with Essentials of Immigration Law. This trusted resource covers key topics—from family and employment-based immigration to waivers, asylum, removal, and naturalization—in one accessible guide.

7/27/26
Accessible to Public.
Agency Memos & Announcements

FLAG Scheduled Maintenance on 7/27/26

DOL announced that it will be conducting system maintenance on the Foreign Labor Application Gateway (FLAG) System on 7/27/26, 7:00 PM-10:00 PM ET. System users will not be able to access FLAG for a portion of the maintenance window.

7/27/26 AILA Doc. No. 26072706. Business Immigration
Accessible to Public.
Practice Resources

Practice Pointer: August 2026 Visa Bulletin Briefing

The DOS Liaison Committee provides a briefing on the contents of the August 2026 visa bulletin.

7/27/26 AILA Doc. No. 26072705. Business Immigration, Consular Processing, Family Immigration
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: New DOS “Paid Expedite” Pilot Program Offers Expedited B-1/B-2 Visa Interviews for Additional $750 Fee

AILA’s DOS Committee provides a practice alert on the temporary final rule establishing an optional $750 fee for expedited B‑1/B2 visa interview appointments. The pilot program launched at Mission Mexico on July 21, 2026.

7/27/26 AILA Doc. No. 26072704. Business Immigration, Consular Processing
Accessible to: Member, Student, Paralegal.
Examples & Questions

Call for Questions: Fall 2026 Meeting with CBP Office of Field Operations

AILA’s CBP Liaison Committee requests questions from membership for a potential fall meeting with CBP’s Office of Field Operations (OFO). Submit questions by August 16, 2026.

7/27/26 AILA Doc. No. 26072703. Admissions & Border
Accessible to: Member, Student, Paralegal.
Practice Resources

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.

Accessible to Public.
Agency Memos & Announcements

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.

7/27/26 AILA Doc. No. 26072701. Asylum & Refugees, Removal & Relief
Accessible to Public.

2026 Call for Interest in Board-Appointed Director Role

The final step in this year’s elections is for the AILA National Board to appoint one additional Director to complete the 2027 Board of Directors.

7/27/26 AILA Doc. No. 26072700.
Accessible to: Member.
Immigration News

Daily Immigration News Clips - July 27, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 27, 2026.

7/27/26
Accessible to Public.
Practice Resources

Practice Pointer: Scheduling NIV Appointments Using U.S. Visa Appointment System (AVITS)

AILA’s DOS Committee provides a detailed guide for scheduling nonimmigrant visa interviews using AVITS.

7/27/26 AILA Doc. No. 26031161. Business Immigration, Consular Processing, Family Immigration
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: Current State of DOS Operations

AILA’s DOS Committee discusses the current landscape at DOS, highlighting widespread ambassadorial vacancies and a 20% workforce reduction. These staffing challenges have contributed to diminished institutional knowledge, longer visa processing times, and fewer available visa interview appointments.

7/24/26 AILA Doc. No. 26072462. Consular Processing
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: Adjudicating Immigrant Visa Applicants in Their Country of Residence

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.

7/24/26 AILA Doc. No. 25090206. Consular Processing
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

SAVE and E-Verify Provide Updates on TPS for Haiti

SAVE and E-Verify posted updates regarding the status of EADs for TPS-holders from Haiti. TPS and associated EADs remain valid and extended per court order. SAVE and E-Verify will display an expiration date of 7/27/26.

Accessible to Public.
Practice Resources

Practice Alert: Nonimmigrant Visa Applicants to be Interviewed in Their Country of Residence

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.

7/24/26 AILA Doc. No. 25090938. Consular Processing
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

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.

Accessible to Public.
Practice Resources

Practice Alert: DOS Plans Drastic Cuts to Visa Processing at U.S. Posts in Africa

DOS announced a major reduction in visa services at its posts across Africa, consolidating operations from about 50 consular posts to 20 regional hubs starting August 1, 2026.

7/24/26 AILA Doc. No. 26061063. Consular Processing
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

DOS Announces and Provides FAQ for Expedited B-Visa Interview Appointment Pilot Program, Beginning with Mission Mexico

DOS announced it is testing an expedited appointment program for B visa applicants at select U.S. embassies and consulates through 12/31/26, beginning with Mission Mexico on 7/21/26. Eligible applicants may pay a $750 fee to schedule a visa interview within 10 business days (if available).

7/24/26 AILA Doc. No. 26072404. Consular Processing
Accessible to Public.
Immigration News

Daily Immigration News Clips - July 24, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 24, 2026.

7/24/26
Accessible to Public.
Cases & Decisions, Federal Court Cases

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)

7/24/26 AILA Doc. No. 26072403. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Announcements

AILA Law Journal: Analyzing the U.S.–Ecuador Asylum Cooperative Agreement

Explore the legal and policy implications of the U.S.–Ecuador Asylum Cooperative Agreement in the AILA Law Journal. Authors Emercio Jose Aponte and Andrea Aponte examine the agreement through international and domestic law. Read the article today—free for AILA members.

7/24/26
Accessible to Public.
Practice Resources

Software Vendor Evaluation Checklist

Choosing immigration case management software is a high-stakes decision. The right product boosts productivity, morale, and client service, while the wrong one disrupts. The Innovation & Tech Committee offers this adaptable due diligence checklist to guide your next selection process.

7/24/26 AILA Doc. No. 26062466. Practice Management
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Pointer: Summary of Transition Procedures in DHS Final Rule Eliminating Duration of Status for F, J, and I Visa Classifications

AILA’s Student Visa Taskforce offers guidance and practice tips on the transition period procedures under the DHS final rule eliminating duration of status for F, J, and I visa classifications which takes effect on September 15, 2026.

7/24/26 AILA Doc. No. 26072402. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Denies Reopening Where Respondent Did Not Show Hardship for §212(h) Waiver or Warrant a Favorable Exercise of Discretion

The BIA held that the respondent did not show the extreme hardship required for a §212(h) waiver, let alone exceptional and extremely unusual hardship, and that his equities were outweighed by adverse factors, including sexual crime convictions. Matter of Y–S–P–T–, 29 I&N Dec. 776 (BIA 2026)

7/24/26 AILA Doc. No. 26072401. Adjustment of Status, Crimes, Removal & Relief, Waivers
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA4 Holds Deferred Enforced Departure Is Not an Immigration Status for LPR Cancellation’s Seven-Year Residence Requirement

The court held that Deferred Enforced Departure (DED) is not an immigration status, so even if petitioner was admitted when she returned under DED, she was not “admitted in any status” under INA §240A(a)(2) and did not meet the seven-year residence requirement. (Cisneros v. Blanche, 7/17/26)

7/24/26 AILA Doc. No. 26072300. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Blog

Think Immigration: Trump Moves to Weaponize Decades-Old “Alien Terrorist Removal Court”

AILA Member Eric Lee describes how a 30-year-old, never-used tribunal may be weaponized by the Trump Administration, writing that “its use today should be concerning to all as there are significant implications for the core liberty interests and first amendment rights of implicated non-citizens.”

7/24/26 AILA Doc. No. 26072400.
Accessible to Public.
AILA Announcements

Take Your Advocacy Beyond the Agencies

When agency remedies are exhausted, federal court may be your client’s last option. The updated Litigating Immigration Cases in Federal Court provides practical guidance, sample filings, and expert strategies to help you litigate with confidence. Order your copy today.

7/24/26
Accessible to Public.
Practice Resources

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

7/23/26 AILA Doc. No. 26072303. Adjustment of Status, Asylum & Refugees
Accessible to: Member, Student, Paralegal.
AILA Announcements

Take Action: Support the Real Courts Rule of Law Act

The immigration court system is in crisis and Congress must pass urgent reform to maintain judicial independence, reduce the backlog, and ensure due process. Get involved now!

7/23/26 AILA Doc. No. 26051201. Removal & Relief
Accessible to Public.
Client Flyers

Client Flyer: Freedom of Information Act (FOIA) Requests for Immigration Cases

AILA provides a flyer to help your clients understand how and why to submit a FOIA request for their immigration case. The flyer is available as a generic PDF version and a Word version you can customize with your firm's information. Please share.

7/23/26 AILA Doc. No. 26072302.
Accessible to: Member, Student, Paralegal.
Practice Resources

Practice Alert: Federal Court Temporarily Halts USCIS Implementation of H.R. 1 TPS Work Authorization Changes

On July 21, 2026, the U.S. District Court for the District of Massachusetts issued a temporary stay preventing USCIS from retroactively implementing certain provisions of H.R. 1.

Accessible to: Member, Student, Paralegal.
Featured Issues

Featured Issue: Establishing a Fair and Independent Immigration Court

Immigration courts face a profound structural problem—they operate under DOJ and are therefore extremely vulnerable to political interference. This page collects resources, updates, and opportunities to advocate for establishing an independent immigration court with the Real Courts, Rule of Law Act.

7/23/26 AILA Doc. No. 26030602. Removal & Relief
Accessible to Public.
Immigration News

Daily Immigration News Clips - July 23, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 23, 2026.

7/23/26
Accessible to Public.
Practice Resources

Practice Pointer: DHS Ends Duration of Status and Adopts Fixed Admission Periods for Certain Nonimmigrant Statuses

AILA’s Student Visa Taskforce provides an overview of the DHS final rule changing the admission period in the F, J, and I classifications from duration of status to an admission for a fixed time period, with tips for practitioners going forward.

7/23/26 AILA Doc. No. 26072003. Admissions & Border, Business Immigration, Students & Schools
Accessible to: Member, Student, Paralegal.
AILA Announcements

The Countdown is on: Save Big on Kurzban’s 20th Edition Before August 17th!

AILA members can save 25% during the exclusive presale of Kurzban’s Immigration Law Sourcebook 20th Edition. Fully updated by Ira Kurzban and his team, this essential resource covers the latest immigration law, policy, and procedure. Reserve your copy today at the lowest price available.

7/23/26
Accessible to Public.
Professional Resources

Federal Ethics Resources

A compilation of federal ethics resources from DHS, USCIS, and EOIR including contact information of the disciplinary office, rules and procedures of professional conduct and selected articles and publications.

7/22/26 AILA Doc. No. 12071243. Ethics
Accessible to: Member, Paralegal.
Practice Resources

Practice Pointer: Questions and Answers from AC26 Panel “Advanced VAWA Practice”

AILA’s VAWA, Us, and Ts Committee shares this practice pointer with questions asked during the AC26 panel “Advanced VAWA Practice” and related responses. Key points addressed include evidence of abuse, VAWA filing strategy and eligibility, and VAWA petitioners in removal proceedings.

7/22/26 AILA Doc. No. 26072266. VAWA
Accessible to: Member, Student, Paralegal.
AILA Announcements

Your Go-To Guide for Immigration Practice

Need a trusted go-to for everyday immigration practice? AILA’s Immigration Law Practice and Procedure Manual (“the Cookbook”) is packed with practical guidance, checklists, sample letters, and more to help you confidently handle common immigration matters. Order your copy today.

7/22/26
Accessible to Public.
Cases & Decisions

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.

Accessible to Public.