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Original Date Announced
July 14, 2026AILA issued a practice alert indicating that members have noted the following trends in affirmative asylum adjudications from U.S. Citizenship and Immigration Services (USCIS).
(1) USCIS may be preparing referral decisions before asylum interviews have occurred. In one case, USCIS uploaded to the USCIS portal a referral notice to removal proceeding prior to the asylum interview and reuploaded the same (now signed) document after the interview.
(2) USCIS seems to be discretionarily referring cases to EOIR despite finding that the asylum-seekers meet the refugee definition. Some cases have referenced an applicant's country of origin as a reason for an inability to vet asylum claims. This practice resembles the November 27, 2025, USCIS Policy Alert tracked as a subsequent action in #1796.
(3) Asylum officers have separated derivative beneficiaries (including young children) from principal asylum applicants during interviews and conducted independent questioning outside the presence of the principal applicant.
(4) Heightened screening, including questions about religious affiliation, anti-Semitic or anti-American sentiment, and social media activity. This practice resembles the various USCIS policies tracked at ID# 1673.
(5) Reduced access to asylum offices through the reduction or elimination of public inquiry window hours and responses to email correspondence.
Trump 2.0 [ID #2347]
2026.07.14 AILA 26071400 - Practice Alert - Disturbing Trends in Affirmative Asylum AdjudicationsEffective Date
July 14, 2026Current Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: Hearings and Adjudications Asylum, Withholding and CATAgencies Affected: USCISAssociated or Derivative Policies
- April 9, 2025 DHS begins screening noncitizens' social media activity for antisemitism when considering immigration benefit requests
- June 4, 2025 Proclamation 10949: Restricting the Entry of Foreign Nationals to Protect the U.S. from Foreign Terrorists and Other National Security and Public Safety Threats
Documents
Trump-Era Policy Documents
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