AILA Blog
AILA Rule of Law Task Force Member Kate Melloy Goettel describes how immigration law clinics today must navigate a rapidly changing legal landscape where due process and procedural guarantees are under attack, challenging both students and educators to adapt and maintain commitment to justice.
Accessible to Public.
Practice Resources
AILA’s Student Visa Taskforce provides guidance on filing for extensions of stay for F, J, and I nonimmigrants after the DHS final rule eliminating duration of status for these visa classifications take effect on September 15, 2026.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that an IJ may draw reasonable adverse inferences from a respondent's invocation of the Fifth Amendment on questions material to discretionary relief, and that unlawful voting is a significant adverse factor. Matter of Lopez Rico, 29 I&N Dec. 780 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that an asylum application should be pretermitted or deemed abandoned for failure to pay the annual asylum fee by the prescribed deadline, but that the fee and consequences for nonpayment do not extend to withholding or CAT protection. Matter of L–F–R–, 29 I&N Dec. 787 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Federal Court Cases
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. USCIS has acknowledged the motion denial and will not collect fees at this time. (State of California v. Mullin, 7/24/26)
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 29, 2026.
7/29/26
AILA Doc. No. 26072900.
Accessible to Public.
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.
Accessible to: Member, Student, Paralegal.
FR Regulations & Notices
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)
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Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
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)
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 July 28, 2026.
7/28/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
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.
Accessible to: Member, Student, Paralegal.
AILA Public Statements, Press Releases
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.
Accessible to Public.
Practice Resources
The DOS Liaison Committee provides a briefing on the contents of the August 2026 visa bulletin.
Accessible to: Member, Student, Paralegal.
Practice Resources
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.
Accessible to: Member, Student, Paralegal.
Examples & Questions
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.
Accessible to: Member, Student, Paralegal.
Practice Resources
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 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.
Accessible to Public.
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
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
AILA’s DOS Committee provides a detailed guide for scheduling nonimmigrant visa interviews using AVITS.
Accessible to: Member, Student, Paralegal.
Practice Resources
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.
Accessible to: Member, Student, Paralegal.
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.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
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
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.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
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
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.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
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).
Accessible to Public.
Immigration News
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
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
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.
Accessible to: Member, Student, Paralegal.
Practice Resources
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.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Blog
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.