Recent Postings

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Sample Briefs

Sample Brief: Mandamus Action Challenging USCIS Delays for DACA Renewal and EAD Adjudications

Plaintiff filed a mandamus action seeking adjudication of a DACA renewal and related employment authorization application pending nearly six months. The complaint alleges USCIS's delay caused loss of work authorization, financial hardship, and risk of removal. (Doe v. USCIS, 7/3/26)

8/11/26 AILA Doc. No. 26081161. DACA
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

DHS Final Rule on Technical Amendments to Immigration Bond Regulations

DHS final rule to make technical revisions to its immigration bond regulation. The changes include removing form numbers and legacy job titles. The rule is effective 8/6/26. (91 FR 51359, 8/10/26)

8/10/26 AILA Doc. No. 26081039.
Accessible to Public.
Professional Resources

Navigating PERM Filings: Responsibilities Under ABA Model Rules 5.1 and 5.2

When suspicious PERM filings raise ethical dilemmas for both junior and supervising attorneys, this article explores how the ABA Model Rules guide lawyers through the tricky terrain with their business clients.

8/10/26 AILA Doc. No. 26081038. Ethics, Labor Certification (Permanent)
Accessible to: Member, Student, Paralegal.

USCIS Announces Compliance with District Court Stay to Allow NGOs to Register Voters at Naturalization Ceremonies

USCIS announced compliance with the District Court ruling in League of Women Voters v. USCIS that stayed Policy Alert 2025-21, which allowed only state and local election officials—not nongovernmental organizations—to provide voter registration services at administrative naturalization ceremonies.

8/10/26 AILA Doc. No. 26081037. Naturalization & Citizenship
Accessible to Public.
Professional Resources

Getting Your Client's File Back Using Replevin in the Immigration Context

Template for a state court replevin action to recover a client file unlawfully withheld by a former attorney or other party. The action seeks return of the actual file, either voluntarily or through court-authorized law enforcement.

8/10/26 AILA Doc. No. 26081036.
Accessible to: Member, Student, Govt/Policy.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That DHS Properly Authenticated Forms I-213 and I-94 with Form G-24 Signed by District Records Manager

The BIA held that DHS properly authenticated the Form I-213, Record of Deportable/Inadmissible Alien, and Form I-94, Arrival/Departure Record. by attaching to each a Form G-24, Certification of Documents, signed by the District Records Manager. Matter of Momplaisir, 29 I&N Dec. 820 (BIA 2026)

8/10/26 AILA Doc. No. 26081035. Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Remands Where IJ Did Not Meaningfully Address Credibility Inconsistencies and Internal Relocation Evidence

The BIA held remand was warranted because the IJ’s credibility finding did not meaningfully address apparent inconsistencies and, assuming the respondent established past persecution, failed to consider years of internal relocation without harm. Matter of H–I–A–H–, 29 I&N Dec. 823 (BIA 2026)

8/10/26 AILA Doc. No. 26081032. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources

Practice Pointer: 540-Day TPS EAD Auto-Extensions Cut Short by OBBBA

Beginning July 22, 2026, OBBBA cuts short TPS EAD automatic extensions. Many TPS holders with A12/C19 EADs who relied on the former 540-day extension will lose work authorization unless a new EAD is issued. Employers should identify affected workers and complete I-9 reverification.

Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

Master Crimmigration Strategy

The updated 11th edition of Immigration Consequences of Criminal Activity by Mary E. Kramer delivers essential guidance on crimmigration issues, key enforcement developments, and strategies for representing noncitizen clients. Order your copy today.

8/10/26
Accessible to Public.
Immigration News

Daily Immigration News Clips - August 10, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 10, 2026.

8/10/26
Accessible to Public.
Practice Resources

Practice Alert: Federal Court Restores Key Protections for VAWA, U, and T Petitioners Facing ICE Detention

A federal court decision has temporarily restored important protections from arrest, detention, and removal for certain immigrant survivors with pending VAWA self-petitions, and U and T visa petitions.

8/10/26 AILA Doc. No. 26081064. Detention & Bond, Removal & Relief, T & U Status, VAWA
Accessible to: Member, Student, Paralegal.
FR Regulations & Notices

DHS Final Rule Expanding 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas

DHS final rule requiring covered employers to submit the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies. The rule is effective 9/9/26. (91 FR 51360, 8/10/26)

Accessible to Public.
Agency Memos & Announcements

USCIS Policy Alert on Lists of Foreign Diplomatic Officers Accredited to the United States

USCIS issued a Policy Alert (PA-2026-07) on removing references to the Diplomatic List (also known as the Blue List) from the USCIS Policy Manual. DOS no longer publishes the Diplomatic List. This guidance is effective immediately. Feedback is due 9/7/26.

8/10/26 AILA Doc. No. 26081063. Naturalization & Citizenship
Accessible to Public.
Agency Memos & Announcements

OFLC Announces Webinar on H-2B Prevailing Wage Determination on 8/20/26

OFLC announced it will host a webinar on general filing tips and trends for the H-2B Prevailing Wage Determination process on 8/20/26 at 1:00 pm ET.

8/10/26 AILA Doc. No. 26081062. Business Immigration, H-2B Temporary Worker
Accessible to Public.
Agency Memos & Announcements

OFLC Issues FAQ on Disaster Declaration for CNMI Due to Super Typhoon Bavi

OFLC issued a frequently asked questions document announcing accommodations for employers and their representatives impacted by Typhoon Bavi in the Commonwealth of the Northern Mariana Islands (CNMI).

8/10/26 AILA Doc. No. 26081061. Business Immigration
Accessible to Public.
Agency Memos & Announcements

SAVE and E-Verify Issue Updates on TPS for Ethiopia

SAVE and E-Verify issued updates on EADs for TPS-holders from Ethiopia. EADs issued under this TPS designation remain valid and are extended. SAVE and E-Verify will display an expiration date of 8/19/26. The updates supersede prior guidance.

Accessible to Public.
Agency Memos & Announcements

SAVE and E-Verify Issue Updates on TPS for South Sudan

SAVE and E-Verify issued updates on EADs issued to TPS-holders from South Sudan. EADs issued under this TPS designation remain valid and are extended. SAVE and E-Verify will display an expiration date of 8/10/26. The updates supersede prior guidance.

Accessible to Public.
Agency Memos & Announcements

Executive Order to Prevent "Birth Tourism"

On 8/6/26, the President issued Executive Order 14419, instructing DOS and DHS Secretaries to adopt changes to prevent "birth tourism." This includes denying entry to, revoking visas for, and removing alleged “birth tourists”, as well as actions against alleged facilitators. (91 FR 51993, 8/11/26)

8/7/26 AILA Doc. No. 26080764. Consular Processing, Naturalization & Citizenship
Accessible to Public.
Practice Resources

Practice Alert: Adjustment of Status and "Re-Vetting" Interviews for Refugees

Practitioners throughout the country have recently reported receiving interview notices for refugees purporting to be for adjustment of status. Some practitioners report that USCIS local field offices issued the interview notices, not a USCIS service center.

8/7/26 AILA Doc. No. 26080762. Adjustment of Status, Asylum & Refugees
Accessible to: Member, Student, Paralegal.
Immigration News

Daily Immigration News Clips - August 7, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 7, 2026.

8/7/26
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Finds Respondent Not Credible and Ineligible for Asylum, Withholding, and CAT Due to Inconsistencies Related to Identity

The BIA held the IJ properly found the respondent was not credible, and ultimately ineligible for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), due to various inconsistencies related to his identity. Matter of I–S–M–, 29 I&N Dec. 811 (BIA 2026)

8/7/26 AILA Doc. No. 26080761. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Harm Suffered While a Minor Is Not Necessarily Persecution and Pattern or Practice Claims Require an Objective Showing

The BIA held that harm suffered while a minor does not necessarily constitute persecution, and a pattern or practice withholding claim still requires an objective showing of a clear probability of persecution and has no subjective component. Matter of I–U–V–, 29 I&N Dec. 816 (BIA 2026)

8/7/26 AILA Doc. No. 26080700. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.

Where to Find AI Training for Immigration Lawyers and Staff

Immigration lawyers using artificial intelligence (AI) need practical, mandatory training—not just on tools, but on ethics, confidentiality, court requirements, and real-world risk management—before AI becomes part of daily practice. Here is where to find training and implementation.

8/6/26 AILA Doc. No. 26080604. Practice Management
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements

SAVE and E-Verify Issue Updates on TPS for Somalia

SAVE and E-Verify issued updates on EADs for TPS-holders from Somalia. EADs issued under this TPS designation remain valid and are extended. SAVE and E-Verify will display an expiration date of 8/10/26. The updates supersede prior guidance.

Accessible to Public.
Agency Memos & Announcements

USCIS Issues Policy Alert on DNA Testing in Requests for Additional Evidence

USCIS issued a policy alert (PA-2026-06) updating  Policy Manual guidance to require officers to suggest DNA testing as an optional form of evidence to establish a claimed genetic relationship when an officer determines additional evidence is necessary. Feedback is due 9/7/26.

Accessible to Public.
Agency Memos & Announcements

USCIS Issues Policy Alert on Evidence, RFEs, and NOIDs

USCIS issued a policy alert (PA-2026-05) updating Policy Manual guidance on evidentiary standards, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). Notably, officers may now deny benefit requests with missing or insufficient initial evidence without first issuing RFEs or NOIDs.

8/6/26 AILA Doc. No. 26080601.
Accessible to Public.
AILA Public Statements, Press Releases

New Edition of Kurzban’s Immigration Law Sourcebook Released by AILA

AILA is proud to release the 20th edition of Kurzban’s Immigration Law Sourcebook, the must-have resource filled with expert guidance helping readers navigate the labyrinthine U.S. immigration laws, including recent Supreme Court rulings and their impact.

Accessible to Public.
Practice Resources

Practice Alert: Updates to Temporary Protected Status for Haiti

On August 5, 2026, the U.S. District Court for the District of Columbia held that its prior order staying Haiti's TPS designation was no longer in effect following the Supreme Court's reversal of the court's February 2, 2026 decision and the D.C. Circuit's subsequent remand.

Accessible to: Member, Paralegal.
Immigration News

Daily Immigration News Clips - August 6, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 6, 2026.

8/6/26
Accessible to Public.
Agency Memos & Announcements

DOS Announces Pilot of Public Charge Bonds for Immigrant Visa Applicants

DOS announced that it has implemented a procedure that permits consular officers to require certain immigrant visa applicants to apply for a Public Charge Bond with USCIS in order to overcome a public charge denial. This procedure is currently being utilized under a pilot program.

8/5/26 AILA Doc. No. 26080500. Consular Processing
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases

BIA Upholds No-Bond Flight Risk Determination and Finds USCIS Adjustment Denial Admissible as Probative of Flight Risk

The BIA held that the IJ properly determined that the respondent posed a flight risk that could not be mitigated by a bond, and concluded that evidence USCIS denied his adjustment application was properly admitted as probative of flight risk. Matter of A–W–M–K–, 29 I&N Dec. 805 (BIA 2026)

8/5/26 AILA Doc. No. 26080563. Detention & Bond, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases

BIA Holds That Assisting a Child to Enter or Try to Enter in Violation of Law Triggers Good Moral Character Bar

The BIA held that the respondent was ineligible for cancellation because paying a smuggler to bring his child to the United States constituted assisting an alien to enter or try to enter unlawfully, triggering the good moral character bar. Matter of L–L–R–, 29 I&N Dec. 799 (BIA 2026)

8/5/26 AILA Doc. No. 26080562. Cancellation, Suspension & 212(c), Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News

Daily Immigration News Clips - August 5, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 5, 2026.

8/5/26
Accessible to Public.
Memo & Regulatory Comments

AILA Submits Comment Opposing USCIS NPRM Limiting Discretionary Employment Authorization

AILA submits comment on USCIS’s proposed changes to limit eligibility for discretionary employment authorization. The comment argues that this policy change would have drastic negative consequences for applicants, employers, families, and economy.

Accessible to Public.
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, September 1.

8/4/26 AILA Doc. No. 15082740.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies

Deaths at Adult Detention Centers

AILA provides a continually updated list of press releases announcing deaths in adult immigration detention.

8/4/26 AILA Doc. No. 16050900. Detention & Bond, Removal & Relief
Accessible to Public.
FR Regulations & Notices

CBP Request for Comments on Revision of Form I-736, Guam-CNMI Visa Waiver Information

CBP 30-day notice and request for comments on the revision of Form I-736, Guam-CNMI Visa Waiver Information. Comments are due 9/3/26. (91 FR 49434, 8/4/26)

8/4/26 AILA Doc. No. 26080405. Admissions & Border
Accessible to Public.
FR Regulations & Notices

Presidential Permit Authorizing Cameron County, To Own and Operate the Brownsville and Matamoros Bridge

On 7/30/26, the President issued a permit to Cameron County, Texas, to own, operate, and maintain the Brownsville and Matamoros Bridge at the Brownsville and Matamoros Port of Entry located on the United States border with Mexico in Brownsville, Texas. (91 FR 50467, 8/4/26)

8/4/26 AILA Doc. No. 26080404. Admissions & Border
Accessible to Public.
Client Flyers

Client Flyers: Domestic Travel Information for Green Card Holders, Visa Holders, and Undocumented Immigrants

AILA provides three flyers to help your green card holder, visa holder, and undocumented clients understand the risks of traveling within the U.S. and how best to avoid them. The flyers are available as generic PDFs and Word documents you can customize with your firm's information. Please share.

8/4/26 AILA Doc. No. 26080403.
Accessible to Public.
Memo & Regulatory Comments

AILA Submits Comments to DOS Raising Concerns on Medical Information Collection for Public Charge

AILA submits comments on DOS’s proposed changes to medical examination forms for visa or immigration benefits, expressing concerns about data privacy, access to medical records, and the expanded use of medical data for public charge determinations.

8/4/26 AILA Doc. No. 26080402. Consular Processing
Accessible to Public.
Immigration News

Daily Immigration News Clips - August 4, 2026

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 4, 2026.

8/4/26
Accessible to Public.
Cases & Decisions, Federal Court Cases

CA6 Holds That NTA Claims-Processing Objection Was Forfeited and Affirms Denial of Motion to Suppress, Withholding, and CAT Claims

The court held that the petitioner forfeited his Notice to Appear (NTA) claims-processing objection, failed to establish a prima facie case of an illegal stop, and did not show a protected-ground nexus for withholding or a likelihood of torture. (Perez-Hernandez v. Blanche, 7/28/26)

8/4/26 AILA Doc. No. 26080401. Asylum & Refugees, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases

CA1 Holds That Equitable Tolling Has No Role in Adjudicating Sua Sponte Motions to Reopen and BIA Overlooked Critical Evidence

The court held that the BIA misconstrued the petitioner’s sua sponte motion to reopen as a statutory motion, applied equitable tolling where it had no role, and overlooked critical evidence in concluding that he failed to show his conviction was vacated for a defect. (Kim v. Blanche, 7/30/26)

8/4/26 AILA Doc. No. 26080400. Crimes, Removal & Relief
Accessible to: Member, Student, Govt/Policy, Paralegal.