Federal Court Cases, Litigation Resources, Sample Briefs
AILA member Brian Green secured a major victory in Mukherji v. Miller, where the U.S. District Court for the District of Nebraska held that USCIS unlawfully adopted and applied the so-called “Kazarian Step Two” final merits determination in adjudicating EB-1A petitions.
Accessible to: Member, Student, Paralegal.
Amicus Briefs/Alerts
AILA and American Immigration Council’s amicus brief in Lopez-Campos v. Reycraft argues that unlawful mandatory detention policies subject long-term residents, abuse survivors, and others to abusive, coercive detention without a legitimate purpose. They are filing similar briefs in related cases.
Accessible to: Member.
Federal Agencies, FR Regulations & Notices
EOIR interim final rule and comment request on appellate procedures for the BIA. Notably, the rule shortens the deadline to appeal from 30 to 10 days and makes reviewing cases on the merits discretionary. The IFR is effective 3/9/26. Comments are due 4/8/26. (91 FR 5267, 2/6/26; 91 FR 9705, 2/27/26)
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that “at the time of admission” in INA §237(a)(1)(H) refers to a noncitizen’s lawful entry after inspection and authorization, and thus fraud and misrepresentations at the time of adjustment cannot be waived under this provision. Matter of Forjoe, 29 I&N Dec. 463 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The Council and other organizations filed a lawsuit against EOIR in the DC District Court to block its implementation of the recently published IFR amending BIA appellate procedures which is scheduled to go into effect on 3/9/26. (Amica Center for Immigrant Rights, et al. v. EOIR et al., 2/26/26)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Amicus Briefs/Alerts
AILA’s amicus brief in Coalition for Humane Immigrant Rights, et al. v. Noem, et al., argues that DHS’s unprecedented placement of parolees into expedited removal is unlawful. It abandons a decades-old framework, traps individuals in detention, and blocks their lawful path to permanent status.
Accessible to: Member.
Federal Agencies, FR Regulations & Notices
DOL NPRM replacing current analysis for determining employee or independent contractor status under the Fair Labor Standards Act with one modified from the 2021 rule. It will also apply to the Migrant and Seasonal Agricultural Worker Protection Act. Comments are due 4/28/26. (91 FR 9932, 2/27/26)
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 27, 2026.
2/27/26
Accessible to Public.
Professional Resources
If you are using a personal Gmail or other email account to communicate with clients, this one is for you: three reasons to get a professional email today.
Accessible to: Member, Student, Paralegal.
Agency Memos & Announcements, Federal Agencies
DOS posted questions and answers about the public charge rule and consular officers’ role in determining if visa applicants are likely to become a public charge.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
DOS has ordered non-emergency personnel and families of personnel to leave Beirut due to safety risks. The Embassy is prioritizing emergency services for U.S. citizens. Routine visa processing is unavailable; those with interviews will receive emails about the rescheduling of their appointments.
Accessible to Public.
Practice Resources
AILA National shares information on how federal agencies may be affected as a result of the potential partial government shutdown. This page will continue to be updated as more information is received.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
DOL will post a NPRM to rescind current analysis to determine employee or independent contractor status under the Fair Labor Standards Act and replace it with a modified version of the analysis adopted in a 2021 rule. It will also apply to the Migrant and Seasonal Agricultural Worker Protection Act.
Accessible to Public.
Practice Resources
AILA’s EB-5 Committee provides guidance on the legal implications and available options for EB-5 investors if their regional center is terminated under the EB-5 Reform and Integrity Act of 2022.
Accessible to: Member, Student, Paralegal.
Practice Resources
AILA’s DOS Committee provides a resource with practical strategies for using AIS to schedule NIV appointments.
Accessible to: Member, Student, Paralegal.
AILA Blog
Charity Anastasio, AILA Senior Counsel, Practice and Ethics, details the recent surge in immigration scams and the coordinated and sophisticated schemes threatening legitimate providers’ reputations.
2/26/26
AILA Doc. No. 26021162.
Accessible to Public.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 26, 2026.
2/26/26
Accessible to Public.
Client Flyers
AILA provides a flyer to warn clients and community members about the recent surge in immigration-related scams and how to protect themselves. Available as a generic PDF version as well as a customizable Word version in English, Spanish, Chinese, French, Tagalog, Vietnamese, and Arabic.
Accessible to Public.
Policy Briefs
The Administration has dismantled lawful immigration pathways wholesale, severely damaging our economy and national security, upending lives, and growing the undocumented population. This brief explores the harm these policies cause—and how Congress can create a better immigration system.
2/25/26
AILA Doc. No. 26022501.
Accessible to Public.
Memo & Regulatory Comments
AILA's USCIS Benefits Policy Committee submitted comments in response to Interim Final Rule removing the one-year abroad requirement for R-1 nonimmigrants who reach their authorized period of stay. AILA's comments welcomed the rule and provided additional considerations for religious workers.
Accessible to Public.
Professional Resources
Have questions about what to do if ICE shows up at your office? This practice success tip explores how to respond.
Accessible to: Member, Student, Paralegal.
Professional Resources
This suite of resources is tailored to immigration law professionals seeking to understand, implement, and ethically navigate the use of AI in their practice. Resources range from how-to guides and sample documents to expert-led CLE courses and updates on government use of AI.
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 February 25, 2026.
2/25/26
Accessible to Public.
AILA Governance
AILA provides a strategic plan for 2026-2029, approved by the Board of Governors on January 24, 2026.
2/24/26
AILA Doc. No. 26022404.
Accessible to: Member.
Federal Court Cases
DOJ filed a lawsuit against the State of New Jersey and Gov. Sherrill over the state’s Executive Order No. 12, which prohibits federal immigration officers from accessing state property to facilitate immigration enforcement, except with a judicial warrant or order. (U.S. v. New Jersey, 2/23/26)
2/24/26
AILA Doc. No. 26022403.
Accessible to Public.
Agency Memos & Announcements, Federal Agencies
USCIS shared a video that demonstrates how to submit a cap-subject H-1B registration.
Accessible to Public.
Cases & Decisions, DOJ/EOIR Cases
The BIA held that the unique barriers to reporting harm faced by children do not apply to adults, and that the IJ’s finding that the respondent could not reasonably relocate in Russia to avoid persecution was clearly erroneous. Matter of F–B–A–, 29 I&N Dec. 456 (BIA 2026)
Accessible to: Member, Student, Govt/Policy, Paralegal.
Cases & Decisions, Federal Court Cases
The court held that the generic definition of rape in INA §101(a)(43)(A) does not include digital penetration, and vacated the BIA’s removability determination based on the petitioner’s D.C. conviction for attempted first-degree sexual abuse. (Barrie v. Att’y Gen., 2/19/26)
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 February 24, 2026.
2/24/26
Accessible to Public.