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
CA4 Holds That Salvadoran Asylum Seeker Failed to Meet “Unable or Unwilling” Government Control Requirement
Upholding the BIA’s denial of the petitioner’s motion to reconsider his asylum application, the court held that circuit precedent requires an applicant to show the home government’s inability or unwillingness to control a non-state persecutor. (Molina-Diaz v. Bondi, 2/19/25)
CA8 Upholds Asylum Denial Where Algerian Petitioners’ Son with Disability Was Denied Medical Care
The court held that substantial evidence supported the BIA’s conclusion that the lack of medical treatment received by petitioners’ son with spina bifida arose from motives unrelated to persecution by the Algerian government, and thus upheld the denial of asylum. (Ferchichi v. Bondi, 2/14/25)
Executive Order on Addressing Actions of South Africa
On 2/7/25, President Trump issued Executive Order (EO) 14204, “Addressing Egregious Actions of the Republic of South Africa,” stating that it is U.S. policy to promote the resettlement of Afrikaner refugees, as long as South Africa continues “unjust and immoral practices.” (90 FR 9497, 2/12/25)
CA1 Upholds Asylum Denial After Finding Petitioner’s Ex-Partner Was Motivated to Harm Her Based on Personal Issues
The court upheld the BIA’s conclusion that petitioner, whose particular social group (PSG) consisted of “Brazilian women who are victims of domestic violence,” did not show the requisite nexus between her proffered social group and any past or future harm. (Sanches Alves v. Bondi, 2/12/25)
District Court Approves Class Action Settlement Agreement in Ms. L. v. ICE
The district court approved a class action settlement agreement in a lawsuit relating to families who were apprehended together by the U.S. government at the U.S.-Mexico border between 1/20/17 and 1/20/21, but were then separated and kept apart. (Ms. L., et al. v. ICE, et al., 12/1/23)
Practice Alert: Changes to Virtual Service in Recent EOIR Policy Manual Updates
EOIR issued changes to the immigration court practice manual that have significant implications on service of OPLA.
DOS Provides Update on I-730 Following-to-Join Refugee Processing
DOS provided an update on I-730 following-to-join refugee (FTJ-R) processing in light of the 1/20/25 Executive Order 14163, stating that the suspension of the processing of all refugee applications includes FTJ-R travel eligibility determinations conducted at consular posts and embassies overseas.
CA8 Upholds Denial of Asylum Where Petitioners’ Persecutor Was Later Murdered
The court upheld the BIA’s denial of asylum as to the mother and daughter petitioners from Mexico, where the mother had experienced while pregnant a physical assault by her cousin, who was later murdered, but no harm had come to her daughter in utero. (Becerril-Sanchez v. Bondi, 2/6/25)
EOIR Issues Memo on Re-Establishing a Robust Anti-Fraud Program
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-19 stating that EOIR is committed to re-establishing a robust and effective Anti-Fraud Program that will provide resources to employees on how to identify and report suspected fraud, coordinate with investigative authorities, and more.
CA4 Holds That BIA Failed to Consider Relevant Evidence in Finding Petitioner Could Relocate in Honduras
The court held that the BIA ignored legally relevant evidence when it reversed the IJ’s decision granting deferral of removal under the Convention Against Torture (CAT) after determining that petitioner had failed to prove he could relocate safely in Honduras. (Funez-Ortiz v. McHenry, 2/4/25)
BIA Holds That Supplemental Filing to Motion to Reopen with Fundamentally Different Claims Is Treated as Separate Motion
The BIA held that a supplemental filing to a motion to reopen that raises claims that are fundamentally different from those raised in the original motion is treated as a separate motion. Matter of D–E–B–, 29 I&N Dec. 83 (BIA 2025)
2025 AILA Annual Conference and Webcast on Immigration Law
Registration is now open for the 2025 AILA Annual Conference and Webcast on Immigration Law. Join thousands of immigration attorneys, professors, paralegals, students, and special guests on June 18-21 in Denver, CO, as we recharge our spirits, hone our skills, and strengthen our community.
EOIR Reinstates Policy Memos with Guidance on Asylum Applications and Continuances
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-17 rescinding and canceling Director’s Memorandum (DM) 22-05 and reinstating Policy Memoranda (PM) 19-05, 21-06, and 21-13, which provide guidance on the processing and adjudication of asylum applications and on continuances.
Know Your Rights: If ICE Visits Your Home
This flyer provides important information for clients regarding their constitutional rights in the U.S. If ICE agents come to your door, you don’t have to let them in without a valid warrant. You can remain silent, refuse to show ID, and request a lawyer before signing any documents.
Executive Order on U.S. Border Security
On 1/20/25, President Trump issued Executive Order (EO) 14165 that calls for a number of DHS and DOD measures, including physical barriers; increased border personnel; expanded detention; Remain in Mexico policies; ceasing use of CBP One; terminating parole programs; and more. (90 FR 8467, 1/30/25)
Executive Order Suspending the U.S. Refugee Admissions Program
On 1/20/25, President Trump issued Executive Order (EO) 14163 that, among other actions, suspends the U.S. Refugee Assistance Program (USRAP) effective at 12:01am (ET) on 1/27/25. (90 FR 8459, 1/30/25)
EOIR Reinstates Memo on Biennial Fee Reviews, Fees, and Fee Waivers
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-12 rescinding and canceling the 6/7/21 PM 21-24 and reinstating the 12/18/20 PM 21-10, entitled “Fees,” which memorialized and updated EOIR policy regarding biennial fee reviews, fees, and fee waivers.
Presidential Proclamation Declaring a National Emergency at the U.S. Southern Border
On 1/20/25, President Trump issued Proclamation 10886 declaring a national emergency at the southern border of the United States. (90 FR 8327, 1/29/25)
Presidential Proclamation Suspending Entry at the Southern Border
On 1/20/25, President Trump issued Proclamation 10888, which identifies asylum seekers seeking entry at the southern border as an “invasion” against which the states need “protection,” and suspends physical entry until the president determines that the “invasion” has ended. (90 FR 8333, 1/29/25)
EOIR Rescinds and Cancels Policy Memo on Migrant Protection Protocols and Motions to Reopen
EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-05, “Cancellation of Policy Memorandum 21-26,” rescinding and canceling the 6/24/21 PM 21-26, “Migrant Protection Protocols and Motions to Reopen,” which addressed EOIR-related aspects of the Migrant Protection Protocols (MPP).
CA5 Finds That BIA Failed to Consider Critical Evidence in Its Likelihood-of-Torture Assessment as to Salvadoran Petitioner
The court held that the BIA’s apparent failure to consider the petitioner’s affidavits in connection with his country conditions evidence on El Salvador warranted remand for further consideration of his Convention Against Torture (CAT) claim. (Aguilar-Quintanilla v. McHenry, 1/24/25)
CBP's Carrier Liaison Program Announces Updated Guidance Based on EO, Securing Our Borders
Updated guidance has been issued to airline carriers in relation to all impacted programs: U4U, OAW, FRP, CHNV, SMO, CAM.
Practice Alert: Significant Implications for Parolees in New DHS Memo
A new DHS memo has significant implications for any clients who entered on parole and how DHS plans to implement the recent executive order that expanded expedited removal to include noncitizens who entered in the past two years and are in the interior of the U.S.
DHS Issues Guidance on How to Exercise Enforcement Discretion
Acting DHS Secretary Benjamine Huffman issued a memo to ICE, CBP, and USCIS titled, “Guidance Regarding How to Exercise Enforcement Discretion” that outlines how to exercise enforcement discretion in implementing two new policies.
CBP's Carrier Liaison Program Announces Executive Order on Securing Our Borders
Following President Trump's executive order, which ended CHNV, CBP's Carrier Liaison Program alerts carriers of potential fines for any failure to follow the new guidance.