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
Featured Issue: Practicing under the New Trump Administration
This page curates resources from AILA and other organizations that members may find helpful as they adapt to practicing under the new Trump Administration.
CA9 Upholds Asylum Denial After Finding Petitioner Was Firmly Resettled in Chile Before Arriving in United States
The court upheld the BIA’s denial of asylum pursuant to the firm resettlement doctrine, finding there was direct evidence that the Chilean government made an offer of firm resettlement, and that petitioner failed to prove the bar did not apply or show an exception. (Oscar v. Bondi, 4/23/25)
DHS Draft Programmatic Environmental Assessment for Actions Related to MPP Program
DHS released a draft Programmatic Environmental Assessment for actions related to the Migrant Protection Protocols (MPP) program, outlining the purpose of and need for the proposed action, alternatives considered, the affected environment and environmental consequences, and more.
BIA Vacates IJ’s Order Granting CAT Protection to Former MS-13 Gang Member from El Salvador
The BIA held that the applicant, a former MS-13 gang member, failed to show a likelihood of torture in El Salvador based on the government’s state of exception policy, and thus did not meet his burden for Convention Against Torture (CAT) protection. Matter of A–A–R–, 29 I&N Dec. 38 (BIA 2025)
Update on Third Country Removals – Nationwide Class Certified and Preliminary Injunction Issued
Today, a federal court certified this nationwide class related to third-country removals in DVD v. DHS, litigated by NILA, NWIRP, and HRF.
BIA Reverses Grant of CAT Protection to Russian Respondent After Finding IJ Applied Wrong Legal Standard
The BIA held that the IJ applied the wrong legal standard for protection under the Convention Against Torture (CAT) in determining that the respondent “could be” subject to torture instead of that he would “more likely than not” be tortured. Matter of N–N–B–, 29 I&N Dec. 79 (BIA 2025)
BIA Issues Ruling on PSG Analysis Based on “Former” Status
The BIA held that, where a particular social group (PSG) is defined by “former” status, IJs must ensure the persecutor’s conduct was based on a desire to overcome or animus toward respondent’s membership in a group defined by that status. Matter of O–A–R–G–, et al., 29 I&N Dec. 30 (BIA 2025)
EOIR Issues Policy Memo on Pretermission of Legally Insufficient Asylum Applications
On 4/11/25, EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-28 to provide guidance on the legal standards related to the pretermission of a legally insufficient application for asylum.
CA3 Finds IJ Did Not Abuse His Discretion in Denying Petitioner’s Asylum Application in First Instance and Upon Reconsideration
The court held that the IJ did not act arbitrarily or capriciously in finding that petitioner was not entitled to asylum in the first instance, and that the IJ reconsidered the discretionary denial of asylum in accordance with 8 CFR §1208.16(e) and caselaw. (Thankarasa v. Att’y Gen., 4/10/25)
BIA Clarifies Acquiescence Standard for CAT Claims Versus Asylum and Withholding Claims
The BIA held that, to meet the acquiescence standard for Convention Against Torture (CAT) protection, it is not sufficient to prove the potential for private actor violence coupled with a speculation that police cannot or will not help. Matter of M–S–I–, 29 I&N Dec. 61 (BIA 2025)
Practice Alert: USCIS Memo on Administrative Hold on Certain Parole Programs
AILA provides a practice alert on the 2/14/25 memorandum from Andrew Davidson, Acting Deputy Director, authorizing an “immediate USCIS-wide administrative hold on all pending benefits requests” filed by noncitizens who are or were paroled into the United States under the U4U, CHNV, or FRP processes.
Practice Pointer: Recommended Steps for Creating a Congressional Inquiry
Due to changes in case assistance options, currently, the only available option to request case assistance for problematic cases is via a congressional inquiry. AILA National provides this practice pointer with recommended steps to take when preparing to request congressional assistance.
HHS Notice of Change of Eligibility Period for Refugee Cash and Medical Assistance
HHS notice of the shortening of the Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) eligibility period from 12 months to four months of assistance for participants who become eligible for ORR benefits 45 days after publication of this notice. (90 FR 13370, 3/21/25)
BIA Holds That an IJ May Not Deem an Asylum Application Abandoned Solely Because Respondent Did Not Submit a Declaration
The BIA held that because declarations are not a constituent part of an asylum application, a Form I-589 is not incomplete, and an IJ may not deem it abandoned, solely because the respondent did not submit one. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025)
CA9 Upholds Denial of Asylum Where BIA Concluded That Indian Petitioner Fabricated His Story
The court held that substantial evidence supported the BIA’s determination that the petitioner lacked credibility because his claim exhibited significant linguistic and factual similarities to other claims filed in the past by other asylum applicants from India. (Singh v. Bondi, 3/17/25)
CA7 Upholds Asylum Denial to Petitioner Who Feared Persecution in Uzbekistan Based on His Conversion to Catholicism
Where the petitioner challenged the denial of his asylum claim on untimeliness grounds, the court found that the “reasonable time” regulation was valid, and concluded that it lacked jurisdiction to consider the timing of the petitioner’s change in circumstances. (Gulomjonov v. Bondi, 3/14/25)
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee processing stating that DOS has resumed processing of following-to-join beneficiaries who are relatives of refugees already in the United States.
CA6 Upholds Asylum Denial to Petitioners Who Were Threatened by Loan Sharks in India
The court held that there was a lack of nexus between the petitioners’ proposed social groups and their risk of future persecution, finding that petitioners failed to show that a reason the loan sharks threatened them was because they were loan-shark victims. (Patel, et al. v. Bondi, 3/11/25)
CA10 Upholds Asylum Denial to Indian Petitioner Who Feared Persecution from Badal Party Members
The court held that the BIA did not misinterpret the unable-or-unwilling standard in ruling that petitioner failed to prove India was unable or unwilling to protect him from private persecutors, and found BIA’s factfinding satisfied the substantial evidence standard. (Singh v. Bondi, 3/11/25)
Reuters Releases Updated Guidance From ICE on Expedited Removal
Reuters published a story today, containing the email guidance from ICE ERO on updated policies regarding expedited removal and certain detentions.
CA2 Remands Asylum Claim of Chinese Petitioner Whose Home Was Demolished Without Just Compensation
Where petitioner claimed he had been persecuted by the Chinese government due to his opposition to its “forcible demolition” policy, the court held that the IJ and BIA failed to consider material evidence bearing on petitioner’s claims for asylum and related relief. (Tian v. Bondi, 3/5/25)
CA11 Upholds Denial of Withholding and CAT Relief to Nicaraguan Petitioner Who Feared Persecution Due to Family’s Political Activities
The court found that petitioner had not established a well-founded fear of persecution, reasoning that the bulk of his claims of persecution of his family members in Nicaragua were so “dated” that they could not support an inference of future persecution. (Laguna Rivera v. Att’y Gen., 3/5/25)
Practice Alert: USCIS Policy Memo on the Issuances of NTAs
On February 28, 2025, USCIS detailing guidance regarding USCIS issuance of Notices to Appear (NTAs). This practice alert summarizes the memo and provides practice advice in light of the memo's directives.
Know Your Rights: If ICE Stops You in Public
This flyer outlines essential information for clients about their constitutional rights in the U.S. If ICE agents stop you in public, it's crucial to understand your rights. You have the right to remain silent, decline to show id, and request legal representation before signing any documents.
Know Your Rights: If ICE Comes to Your Workplace (For Employees)
This flyer provides crucial information for employees about their constitutional rights if ICE agents come to your workplace. You have the right to remain silent, decline to show ID, and request a lawyer before signing any documents.