AILA Announcements
Did you know that AILA members receive discounted rates for the Spanish for Lawyers Courses offered by the American University Washington College of Law? Get more info about the courses and register today!
8/17/26
Accessible to Public.
Client Flyers
AILA provides an easy flyer for you to share with your clients to provide an overview of nonimmigrant visa processing in the United States. There are two versions available: a generic PDF version and a customizable Word version. Share widely.
Accessible to Public.
Agency Memos & Announcements
USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization on 9/15/26. These editions will be required, and versions of the forms rejected, beginning 9/15/26.
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held that the serious-nonpolitical-crime bar’s “serious reasons for believing” standard requires only probable cause, and that substantial evidence supported the BIA’s conclusion that the government met its burden of establishing probable cause. (Spindola v. Blanche, 8/7/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that substantial evidence supported the BIA’s conclusion that no protected ground was a reason for petitioner’s harm, where robberies were for financial gain and threats were revenge, and thus upheld the denial of asylum and related claims. (Monzon Guzman v. Blanche, 8/7/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
AILA Public Statements, Press Releases
AILA President Jeff Joseph reacted to the BIA decision overruling Matter of Arrabally and Yerrabelly, noting that it "flipflops on 14 years of well-settled law and policy" and is another example of the Administration "pulling the rug out from under families and workers trying to do the right thing."
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 14, 2026.
8/14/26
Accessible to Public.
AILA Announcements
The Consular Practice Handbook provides practical, up-to-date guidance on immigrant and nonimmigrant visa processing, interview preparation, inadmissibility issues, delays, refusals, and more. Stay current and order your copy today.
8/14/26
Accessible to Public.
AILA Announcements
AILA members have less than one week left to save 25% on the 20th edition of Kurzban’s Immigration Law Sourcebook. Updated with the latest immigration law and practice developments, this essential reference is available at a discount through August 17. Order today.
8/13/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held the departure bar regulation, 8 CFR §1003.2(d), conflicts with the motion to reopen statute, INA §240(c)(7), and thus found that the BIA abused its discretion in denying petitioner’s statutory motion to reopen and in holding it lacked jurisdiction. (Lacsina v. Blanche, 8/6/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that a Georgia state court sentence “clarification” order issued by a different judge more than six years after the sentencing order and after respondent had been placed into removal proceedings was not valid for immigration purposes. Matter of Boye, 29 I&N Dec. 826 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the agency’s adverse credibility finding as to the Afghan petitioner’s employment history and prior imprisonment was not supported by substantial evidence, and that the agency failed to meaningfully consider key evidence supporting his claims. (Eqbal v. Blanche, 8/6/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements
DOS released a fact sheet on its establishment of a new Birth Tourism Prevention Task Force that reviews visa holders activities “to identify instances of birth tourism, take action to revoke visas of those who engage in or facilitate it, and dismantle the networks that profit from this abuse.”
Accessible to Public.
AILA Blog
AILA Supervisory Policy and Practice Counsel Kate Angustia describes how the Trump Administration's "hub" system for visa processing in Africa will lead to months or years of delays, family separation and workforce disruption, among other harm.
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA overruled Matter of Arrabally and Yerrabelly, holding that departure from the United States pursuant to a grant of advance parole is a “departure” within the meaning of INA §212(a)(9)(B)(i)(II). Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026)
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 August 13, 2026.
8/13/26
Accessible to Public.
Practice Resources
On August 11, USCIS published an Interim Final Rule establishing a framework for mandatory e-filing. The USCIS Operations Committee provides this alert explaining the process by which USCIS can mandate that certain forms are filed electronically and how individuals may apply for a waiver.
Accessible to: Member, Student, Paralegal.
Cases & Decisions, Federal Court Cases
The court held the IJ denied petitioner a reasonable opportunity under INA §240(b)(4)(B) to show third country removal would subject her citizen daughters to exceptional and extremely unusual hardship, and the BIA erred in rejecting her claim of procedural error. (Keita v. Blanche, 8/4/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held an EOIR complaint satisfies Matter of Lozada’s third requirement, that substantial compliance satisfies Lozada’s procedural requirements, and that the BIA abused its discretion in denying reopening. (Pasqual-Andres v. Att’y Gen., 8/4/26)
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 August 12, 2026.
8/12/26
Accessible to Public.
Cases & Decisions, Federal Court Cases
The court held an IJ does not need to make an adverse credibility finding before requiring corroboration, that BIA forfeiture rulings are reviewed for abuse of discretion, and upheld the finding that the petitioner failed to establish a likelihood of torture. (Al Saidi v. Blanche, 8/3/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Immigration News
In the 12 months since ICE began detaining people who have lived in the United States for years, federal courts have been stretched thin as thousands of rulings rebuke this unprecedented policy. AILA Past President Kelli Stump stated, “We can’t continue this madness. It’s not sustainable.”
Accessible to Public.
Immigration News
Federal immigration agents are employing new tactics like arresting individuals during domestic travel to boost their arrest numbers and say they arrested 51,000 immigrants in July. AILA’s Kate Angustia noted, “Many of these folks are in a lawful period of authorized stay.”
Accessible to Public.
Professional Resources
Rules of professional conduct and selected ethics opinions.
8/11/26
AILA Doc. No. 12061530.
Ethics
Accessible to: Member, Paralegal.
Chapter Documents
2026 Upstate New York Northern Border Conference
October 1-2, 2026
Buffalo, NY
This event is being presented by AILA's Upstate New York Chapter. This event is not being organized by the AILA National Office.
8/11/26
Accessible to: Member, Student, International Associate.
Cases & Decisions, Federal Court Cases
The court held that equitable tolling was not appropriate in the case and dismissed the petition for review of a reinstated removal order as untimely under INA §242(b)(1). (Saravia Martinez v. Blanche, 8/3/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Agency Memos & Announcements
On August 10, 2026, DOS issued Guidance Directive 2026-01: Final Rule Establishing a Fixed Time Period of Admission for Exchange Visitors (J Nonimmigrants), providing information on how sponsors should fill out Form DS-2019 and maintain accurate SEVIS records.
Accessible to Public.
Practice Resources
AILA’s Student Visa Taskforce details the impacts the DHS final rule eliminating duration of status for F, J, and I nonimmigrants will have on student work authorization.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements
On 8/6/26, the President issued E.O. 14418 to deny birthright citizenship to children with a parent the government deems an “alien enemy”, foreign government employee, or to have paid to “access birthright citizenship”, as well as children born in certain U.S. territories. (91 FR 51991, 8/11/26)
Accessible to Public.
Agency Memos & Announcements
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 8/12/26. The updates supersede prior guidance.
Accessible to Public.
FR Regulations & Notices
EOIR interim final rule specifying procedures for adjudicating alleged violations of the International Marriage Broker Regulation Act of 2005 by international marriage brokers doing business in the U.S. The IFR is effective 9/10/26. Comments are due 9/10/26. (91 FR 51576, 8/11/26)
Accessible to Public.
FR Regulations & Notices
CBP final rule, effective 8/11/26, to conform to the Energy Security and Lightering Independence Act of 2022. The Act classifies people who perform ship-to-ship liquid cargo transfer operations to/from a vessel engaged in foreign trade (lightering) as C and D nonimmigrants. (91 FR 51549, 8/11/26)
Accessible to Public.
Immigration News
A new USCIS rule will allow the agency to mandate e-filing for any form when that option has been available for at least 180 days. AILA’s Shev Dalal-Dheini said modernization efforts like expanded electronic filing are essential but emphasized any new mandates should be done in a responsible manner.
8/11/26
Accessible to Public.
FR Regulations & Notices
USCIS interim final rule that allows USCIS to require e-filing for any form that has been available electronically for at least 180 days, effective 8/11/26. It includes processes for USCIS to require e-filing and for individuals to request a waiver. Comments are due 10/13/26. (91 FR 51924, 8/11/26)
8/11/26
AILA Doc. No. 26081065.
Accessible to Public.
AILA Blog
AILA Paralegals Conference Chair Mo Goldman details the challenges in the current immigration law environment as major policy changes take effect, writing that "the requisites are becoming more stringent, and the chances of rejected filings or denials have increased exponentially."
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 11, 2026.
8/11/26
Accessible to Public.
Agency Memos & Announcements
SAVE and E-Verify issued updates on EADs issued to TPS-holders from Burma (Myanmar). TPS for Burma and associated EADs were terminated, effective 8/7/26. The updates supersede prior guidance.
Accessible to Public.
Agency Memos & Announcements
SAVE and E-Verify issued updates on EADs issued to TPS-holders from South Sudan. TPS for South Sudan and associated EADs were terminated, effective 8/7/26. The updates supersede prior guidance.
Accessible to Public.
Sample Briefs
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 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
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.
Accessible to: Member, Student, Paralegal.
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.
Accessible to Public.
Professional Resources
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
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, DOJ/EOIR Cases
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)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Practice Resources
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.
Immigration News
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
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.
Accessible to: Member, Student, Paralegal.
FR Regulations & Notices
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 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.
Accessible to Public.