Week ending September 4, 2026
Ninth Circuit rejects the “Circumvention of Lawful Pathways” asylum rule. On August 31, the U.S. Court of Appeals for the Ninth Circuit decided Garcia Morales v. Blanche, No. 25-1760. The court held that the rule creating a presumption of asylum ineligibility for certain migrants who entered between ports of entry conflicts with INA § 208(a), which expressly permits a noncitizen to apply for asylum regardless of whether the person arrived at a designated port. The court also faulted the BIA for failing to apply the Ninth Circuit’s complete mixed-motive nexus analysis.
BIA overrules a 25-year-old precedent governing mailed NTAs and in absentia orders. On September 3, the Board of Immigration Appeals issued the en banc decision Matter of Diji, 30 I&N Dec. 1 (BIA 2026). The Board overruled Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001), and held that DHS may mail an NTA to the most recent address previously provided by the respondent, even if that address was supplied before the NTA was issued. The decision included two dissents.
DHS directs ICE attorneys to seek early dismissal of facially deficient asylum claims. New DHS guidance reportedly instructs ICE Office of the Principal Legal Advisor attorneys to move for disposition of asylum claims they consider legally insufficient without waiting for a full evidentiary merits hearing. The directive took immediate effect and applies to OPLA cases involving claims DHS considers facially deficient.
Immigration judges are being pushed to sharply limit continuances. Mandatory training materials reported this week instruct immigration judges to move cases toward completion more quickly and restrict continuances—including cases where respondents are awaiting visas, green cards, SIJS, or U status. The materials also reportedly discourage lengthy continuances simply to obtain counsel and emphasize the administration’s goal of reducing the approximately 3.2 million-case court backlog. DOJ says immigration judges must continue deciding cases in accordance with governing statutes, regulations, precedent, and EOIR policy.
Federal court again blocks the administration’s latest attempt to restrict birthright citizenship. On September 2, U.S. District Judge Deborah Boardman in Maryland entered a preliminary injunction against portions of President Trump’s August executive order creating additional exceptions to birthright citizenship. The court relied heavily on the Supreme Court’s recent decision reaffirming citizenship for children covered by the certified class.
DOJ threatens federal funding unless states report undocumented immigrants. DOJ issued a legal opinion asserting that states receiving certain federal welfare funding must report individuals they know to be unlawfully present to DHS. The administration’s interpretation is broader than prior federal guidance and could reach information held by agencies beyond those directly administering benefits. Litigation appears likely.
ICE officer federally charged with lying about an immigration-enforcement shooting. A federal grand jury indicted ICE agent Christian Castro on six false-statement counts arising from the January shooting of Venezuelan national Julio Cesar Sosa-Celis in Minnesota. Prosecutors allege Castro falsely described the circumstances surrounding the shooting; video evidence allegedly contradicted portions of his account. He separately faces state assault charges, and DHS has suspended him.
ICE whistleblower alleges serious vetting failures during rapid hiring expansion. AP reports that a former ICE Office of Professional Responsibility official filed a whistleblower complaint alleging the agency lowered hiring standards during its rapid expansion, including allowing some recruits to begin training before full background checks were complete. ICE says it follows appropriate vetting procedures, and the DHS Inspector General is investigating.
