Agency Memos & Announcements
The White House issued a presidential determination of refugee admissions for FY2025, allowing the admission of up to 125,000 refugees during that period.
10/1/24
AILA Doc. No. 24100104.
Asylum
FR Regulations & Notices
DOS notice of Diversity Visa instructions for FY2026. Entries must be submitted electronically between October 2, 2024, and November 5, 2024. (89 FR 79997, 10/1/24)
Practice Resources
The DOL O*NET Program had an update in August 2024 that may have a direct impact on PERM and H-1B filings. AILA's DOL Liaison Committee prepared this practice pointer outlining factors that impact these filings.
Cases & Decisions, Federal Court Cases
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
Cases & Decisions, Federal Court Cases
Granting the petition for review, the court held that the BIA improperly denied the petitioner’s unopposed remand motion both by arbitrarily deviating from a standard course of practice and by improperly engaging in factfinding in violation of 8 CFR §1003.1(d)(3). (Badose v. Garland, 9/20/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 1, 2024.
10/1/24
Practice Resources
We all have moments where we need to do work on the go, but knowing how to ensure our internet connection is secure is crucial to protect your data. Sharon D. Nelson and John W. Simek provide you with the safety tips to connect to public Wi-Fi.
Practice Resources
We need your help! Sign onto a letter urging the Biden Administration to eliminate work permit backlogs and improve processing times. These delays are harming businesses' ability to hire and retain essential talent. Take action today.
10/1/24
AILA Doc. No. 24092401.
AILA Blog
AILA Member John Daniels explains why USCIS should revisit the provisional unlawful presence waiver process. The current rule, among other things, leaves applicants without work authorization with backlogs stretching to nearly four years, needlessly harming American families.
AILA Public Statements, Press Releases
AILA President Kelli Stump and Executive Director Ben Johnson respond to the Biden Administration’s codification of harmful policies that are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.
Agency Memos & Announcements
DHS provided a “Points of Contact for Credible Fear Interviews in CBP Custody” spreadsheet. This includes contacts for Border Patrol, USCIS Asylum, and EOIR.
AILA Governance
Minutes from the AILA Board of Governors Meeting held in person on June 15, 2024.
9/30/24
AILA Doc. No. 24093003.
Liaison Minutes
AILA’s VAWA, US, and Ts Committee shares unofficial notes, key takeaways, and USCIS minutes from the meeting it had with USCIS and coalition partners on 5/8/23. Topics include NSC and VSC updates, mailing policies, biometrics, the HART Adjudication Center, and more.
Examples & Questions
The American Immigration Council seeks examples of USCIS responding to FOIA requests for a-files and/or specific immigration records with a no records determination. Learn more.
Practice Resources
NWIRP and NILA provide a practice alert on the final settlement agreement in Garcia Perez v. USCIS challenging the policies and practices of USCIS and EOIR preventing asylum seekers from obtaining authorization to work while their asylum claims are pending.
9/30/24
AILA Doc. No. 24073004.
Asylum
Practice Resources
AILA's USCIS Benefits Policy Committee provides updates on USCIS's ability to access the FLAG system in the event of a U.S. government shutdown and on USCIS requirements for filing a certified Form ETA 9089 with a Form I-140 petition.
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to social groups. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
9/30/24
AILA Doc. No. 13010150.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to serious nonpolitical crimes. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
9/30/24
AILA Doc. No. 13010152.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists miscellaneous published asylum cases by topic. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
9/30/24
AILA Doc. No. 13010144.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases on past persecution. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
9/30/24
AILA Doc. No. 20040333.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to motions to reopen. The page includes published federal court and BIA cases from 2009 to the present. Special thanks to AILA member R. Mark Frey.
9/30/24
AILA Doc. No. 13010145.
Asylum
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 30, 2024.
9/30/24
Practice Resources
AILA provided a practice alert after EOIR issued a memorandum with updated guidance on NTAs filed by DHS. This memo cancels a 2018 memo issued by former EOIR Director James R. McHenry, III. The 2024 memo is currently in effect.
Practice Resources, Litigation Resources
NILA created a practice alert discussing the venue choices a plaintiff has under 28 U.S.C. § 1391(e) when challenging a decision or delay in decision-making by USCIS under the Administrative Procedure Act, as well as considerations that inform venue selections.
Agency Memos & Announcements
USCIS has extended previously announced fee exemptions and expedited processing for Afghan nationals under its Enduring Welcome initiative. Afghan nationals paroled into the United States on or after July 30, 2021, are eligible.
9/27/24
AILA Doc. No. 24092761.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 27, 2024.
9/27/24
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to credibility determinations. The page includes published federal court and BIA cases from 2008 through the present. Special thanks to AILA member R. Mark Frey.
9/27/24
AILA Doc. No. 13010140.
Asylum
Practice Resources
Advocates provide a guide intended for leaders and administrators at institutions of higher education who are interested in learning how to support prospective and current employees who are not U.S. citizens, including DACA recipients, with employment-based immigration pathways.
Agency Memos & Announcements
The CRS report addresses FAQs about credible fear and asylum, including those related to expedited and formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data regarding credible fear and asylum outcomes.
Practice Resources
On 9/25/24 the House and Senate passed a short-term spending bill to avoid a government shutdown and extend funding for the federal government through 12/20/24. President Biden is expected to sign the bill by the end of the current fiscal year.
Agency Memos & Announcements
DHS final rule with a technical amendment updating the list of countries designated for participating in the Visa Waiver Program by adding Qatar. The designation will be implemented on December 1, 2024. (89 FR 78783, 9/26/24)
Practice Resources
AILA warns that because the settlement CARECEN v. Jaddou agreement for certain TPS beneficiaries expires on January 19, 2025, there is no guarantee that OPLA will continue to honor this policy after that date.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 26, 2024.
9/26/24
AILA Blog
AILA Affiliated Paralegal Kathryn Bouchard describes some key things to keep in mind if someone is planning a visit to the United States for tourism in this useful Top Ten list, highlighting some important U.S. government resources for applicants to read through along the way.