Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
CBP Announces Removal of Scheduling Functionality in CBP One App
CBP announced removal of the scheduling functionality within the CBP One mobile application, effective 1/20/25, at 12:00pm (ET). Previously, noncitizens were able to submit advanced information and schedule appointments at eight southwest border ports of entry. All appointments have been cancelled.
DHS Reinstates Migrant Protection Protocols
DHS announced that it is restarting the Migrant Protection Protocols (MPP) immediately, stating that “the situation at the border has changed and the facts on the ground are favorable to resuming implementation of the 2019 MPP Policy.”
Practice Alert: Changes to CBP One Application
AILA's CBP OFO Committee provides an update on the CBP One application functionalities post the recent executive order to cease use of the application to facilitate entry into the U.S.
Practice Alert: Order Rescinding a Number of EOs Impacts Immigration Policy
On January 20, 2025, President Donald Trump signed the Executive Order “Initial Rescissions of Harmful Executive Orders and Actions” (“Initial Rescissions”). This Executive Order rescinds a number of Biden executive orders, many of which had in turn rescinded a Trump 1.0 executive order.
President Trump's America First Priorities Announced
The Trump Administration has released it's first set of priorities, among them, the "Make America Safe Again," which include immigration-related priorities. Among these are, reinstating Remain in Mexico policies and deportation operations, among others.
Practice Alert: Certain Mandatory Bars Applied in USCIS Fear Screenings
On January 17, 2025, a new rule is in effect. This rule amends the fear screening process (credible and reasonable fear interviews) to provide for the application of certain mandatory bars in the initial interview process during expedited removal.
CA1 Upholds Asylum Denial as to Ecuadorian Petitioner Who Was Attacked at Soccer Game and Denied Medical Care
The court upheld the BIA’s conclusion that the Ecuadorian petitioner had failed to establish a nexus between his attack at a soccer game and any protected ground for asylum, and had not shown a well-founded or reasonable fear of future persecution. (Vargas Panchi, et al. v. Garland, 1/13/25)
CA6 Upholds Asylum Denial as to Guatemalan Petitioner Threatened by Gang Members Who Extorted Him for Money
Where the petitioner had been extorted for money by suspected gang members in Guatemala, the court upheld the BIA’s and IJ’s determination that the petitioner’s particular social group (PSG)—“people afraid of gangs in Guatemala”—was not legally cognizable. (Mateo-Esteban v. Garland, 1/13/25)
CA1 Finds BIA Applied Incorrect Legal Test for Acquiescence in Evaluating Nigerian Petitioner’s CAT Claim
The court found that the BIA failed to correctly apply the appropriate legal test for acquiescence in evaluating the administrative denial of the Nigerian petitioner’s application for deferral of removal under the Convention Against Torture (CAT). (Akinsanya v. Garland, 1/10/25)
Practice Alert: Update on Defensive Asylum Biometrics Processing
On January 6, 2025, USCIS confirmed to AILA that members who filed requests for defensive asylum biometrics prior to and after September 2024 will be automatically scheduled for a biometrics appointment if needed, once an individual merits hearing date is issued.
Practice Alert: Redacted Samples of Credible Fear Interviews
Redacted samples of credible fear interviews show how asylum officers are adjudicating new asylum standards under the Secure the Border final rule that was originally introduced as an interim final rule in June 2024 and finalized in October 2024.
CA1 Upholds Asylum Denial as to Brazilian Petitioners Who Feared Persecution on Account of Their Family Membership and Political Opinion
The court held that the Brazilian petitioners had failed to show a well-founded fear of persecution based on either their membership in a particular social group (PSG) consisting of “the Rodrigues family” or based on their political opinion. (Reginaldo Rodrigues, et al. v. Garland, 12/27/24)
Practice Alert: Asylum EAD Clock Settlement Agreement FAQs
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.
Don't Forget - Register for Spanish for Lawyers Course with AILA Member Discount!
Registration is open for Spring 2025! Learn Spanish legal terminology in U.S. Criminal and Immigration Law. Taught by field experts, this course runs Feb. 3–Apr. 11, 2025, featuring live online interactions to enhance cross-cultural communication. Register now!
DOJ Interim Final Rule Clarifying Bars of Eligibility During Credible Fear and Reasonable Fear Review
DOJ interim final rule with request for comments clarifying that immigration judges' de novo review of asylum officers' credible fear and reasonable fear determinations can include a review of the asylum officers' application of any bars. Effective 12/27/24. (89 FR 105392, 12/27/24)
DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
DHS/DOJ interim final rule delaying the Security Bars and Processing Final Rule until 12/31/25. Comments are due by 1/27/25. (89 FR 105386, 12/27/24)
Register Now with Special Discounts for AILA Members: Spanish for Lawyers
Registration is open for Spring 2025! Learn Spanish legal terminology in U.S. Criminal and Immigration Law. Taught by field experts, this course runs Feb. 3–Apr. 11, 2025, featuring live online interactions to enhance cross-cultural communication. Register now!
AILA's CBP Liaison Committee Met with CBP (10/18/24)
AILA’s CBP Liaison Committee met with CBP's Office of Field Operations (OFO) on October 18, 2024, to discuss topics related to the Trusted Traveler Program, I-94s corrections, the Northern border, and travelers with prior removal orders, and more. Read the agenda, key takeaways, and minutes.
Asylum Cases by Topic
List of published federal court and BIA asylum cases organized by topic in order to facilitate a better perspective on asylum litigation across jurisdictions. Special thanks to AILA member R. Mark Frey.
Practice Alert: Changes to Defensive Asylum Biometrics
Effective December 16, 2024, USCIS will streamline biometrics for defensive asylum seekers by reusing existing data and scheduling biometric appointments only if necessary. Read this practice alert for more information.
CA7 Upholds BIA’s and IJ’s Finding That Threats Against Guatemalan Petitioner Were Motivated by Personal Animosity
The court upheld the denial of the Guatemalan petitioner’s claims for asylum and related relief, finding that the agency’s conclusion that the petitioner had not experienced harm on account of a protected ground was supported by substantial evidence. (Mateo-Mateo, et al. v. Garland, 12/23/24)
CA9 Holds That Conviction for Possession of Stolen Vehicle in Washington Was an Aggravated Felony and Particularly Serious Crime
The court held that the petitioner’s conviction for possession of a stolen vehicle in Washington was an aggravated felony under INA §101(a)(43)(G) and a particularly serious crime that rendered him ineligible for asylum and withholding of removal. (Chmukh v. Garland, 12/23/24)
AILA and Partners Submit Amicus Brief Urging Fourth Circuit to Vacate BIA’s Rejection of ‘Salvadoran Women’ as a Particular Social Group
This brief, submitted by AILA along with immigration-rights organizations and clinics, urged the Fourth Circuit to recognize that a person can establish eligibility for asylum based on persecution on account of her status as a Salvadoran woman.
Advocacy Group Files Lawsuit Seeking to Compel USCIS to Comply with FOIA Request on Use of AI in Asylum Applications
Refugees International filed a lawsuit against USCIS in federal district court seeking to compel compliance with the Freedom of Information Act (FOIA) related to USCIS’s use of artificial intelligence (AI) in its Asylum Texts Analytics (ATA) tool. (Refugees International v. USCIS, 12/20/24)
Advance Copy: DHS/DOJ Interim Final Rule Delaying Effective Date of Security Bars and Processing Final Rule
Advance copy of DHS/DOJ interim final rule further delaying the Security Bars and Processing Final Rule's effective date until 12/31/25. Comments will be due 30 days after publication. Interim final rule will be published in the Federal Register on 12/27/24.