Rule tracker
Where the 2026 asylum rules stand
Fees, deadlines and procedures changed more in the last year than in the decade before. This table shows each change and its status as of November 5, 2026, with the primary source.
| Rule | Status | What it means | Source | Post |
|---|---|---|---|---|
| Annual Asylum Fee ($105 a year while an I-589 is pending) | Stayed | The fee rose from $102 to $105 for fiscal year 2027: for USCIS filings postmarked on or after October 16, 2026, and for immigration court filings on or after October 1, 2026. USCIS may still charge and collect it. A federal court in Massachusetts stayed the consequences of nonpayment on August 5, 2026 until it rules on the merits; no merits ruling as of November 5, 2026, and the government's answer is due November 16, 2026. The BIA held in Matter of L-F-R- that the fee does not reach withholding or CAT. | 91 FR 62540 (Oct. 1, 2026); 91 FR 61447; VAM v. USCIS, No. 1:26-cv-13038 (D. Mass.) | Read the post |
| Affirmative asylum referrals without an interview | In force | Interim final rule published and effective July 28, 2026. Asylum officers may refer an I-589 to immigration court on the written record alone. No final rule as of November 5, 2026. It is challenged in Immigration Equality v. Mullin, No. 1:26-cv-02921 (D.D.C.). A motion to stay the rule was fully briefed September 22, 2026; on October 29, 2026 the plaintiffs asked the court to decide it quickly. No ruling as of November 2, 2026. | 91 FR 47101; Immigration Equality v. Mullin (D.D.C.) | Read the post |
| 10-day BIA appeal deadline | Vacated | The 10-day rule was vacated on March 8, 2026, the day before it took effect, in Amica Center v. EOIR. The government dismissed its appeal on August 17, 2026. EOIR PM 26-02 tells judges not to announce a 10-day deadline. Still true as of November 5, 2026. | Amica Ctr. v. EOIR, No. 1:26-cv-00696 (D.D.C.); EOIR Policy Manual | Read the post |
| Automatic extension of work permits on renewal | Ended | For renewals filed on or after October 30, 2025, an expiring (c)(8) EAD is no longer automatically extended by filing the renewal. The old extension survives only for renewals filed before that date. DHS made the rule final, without change, on October 14, 2026. | 8 C.F.R. 274a.13(e); FR Doc. 2025-19702; final rule 91 FR 65306 (Oct. 14, 2026) | Read the post |
| I-589 filing fee ($100) | In force | $100 for the principal applicant, unchanged for fiscal year 2027. Non-waivable and non-refundable, kept even if the application is rejected. EOIR charges it too, paid through the EOIR Payment Portal. No fee for an I-589 filed in court only for withholding or CAT. Separately, EOIR appeal and motion fees rose on October 1, 2026: a BIA appeal is now $1,060, a motion to an immigration judge $1,095 and a motion to the Board $1,060. | 91 FR 62540; 91 FR 54211; 8 C.F.R. 1103.7(b)(4) | Read the post |
| ICE civil arrests at the New York immigration courts | Vacated | In African Communities Together v. Lyons (S.D.N.Y.), the court granted summary judgment on September 30, 2026, declared the 2025 ICE courthouse arrest policy arbitrary and capricious, and vacated the January and May 2025 ICE guidance to the extent it rescinded the April 2021 guidance on arrests in or near immigration courts. Judgment was entered October 5, 2026. No appeal had been filed as of October 30, 2026. | African Communities Together v. Lyons, No. 1:25-cv-06366 (S.D.N.Y.) | Read the post |
| 30-day decision window for initial asylum work permits | In force | Dropped by the April 2026 rule, then restored as 8 C.F.R. 208.7(a)(1)(v) by a July 21, 2026 correcting amendment that applies back to May 29, 2026. Initial applications only. The additional fee for an initial (c)(8) application is $570 for USCIS filings postmarked on or after October 16, 2026 (was $560). | 91 FR 45637 (July 21, 2026) | Read the post |
| 365-day wait for asylum work permits | Proposed | A February 2026 proposed rule would push the waiting period from 180 to 365 days, extend the decision window to 180 days and pause EAD filings when processing slows. Comments closed April 24, 2026. No final rule as of the date above. | 91 FR 8616 (Feb. 23, 2026) | Read the post |
| One motion to reopen, counted across the court and the Board | In force | Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026), decided August 18, 2026. The battered spouse, child and parent exception remains, and changed country conditions motions have no time or number limit. | Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026) | Read the post |
| Matter of A-B- I and II, Matter of L-E-A- II | In force | Matter of S-S-F-M- and Matter of R-E-R-M- & J-D-R-M- restored the restrictive framework for domestic-violence and family-based social group claims in all pending and future cases. | Matter of S-S-F-M-, 29 I&N Dec. 207 (A.G. 2025) | Read the post |
| Circumvention of Lawful Pathways rule (2023) | Vacated | Vacated by the Northern District of California, order May 7, 2026 and final judgment June 3, 2026. The government appealed to the Ninth Circuit on July 31, 2026 without a stay, so the rule is unenforceable. No stay request appears on the district court docket as of October 25, 2026. | East Bay Sanctuary Covenant v. Trump (N.D. Cal. 2026) | Read the post |
| Proclamation 10888 (asylum restricted at the southern border) | In force | The D.C. Circuit held the Proclamation unlawful on April 24, 2026, denied rehearing en banc on July 23, 2026, and stayed its mandate on July 27, 2026. Until the mandate issues, the August 2025 partial stay controls: asylum is restricted, while withholding and CAT remain available. The government filed a petition for certiorari, No. 26-239, on August 24, 2026. | RAICES v. Noem, No. 25-5243 (D.C. Cir.); Mullin v. RAICES, No. 26-239 (U.S.) | Read the post |
| USCIS hold on all asylum decisions (PM 602-0192) | Vacated | On June 5, 2026 a federal court in Rhode Island vacated four December 2025 USCIS policies, including the hold on all asylum decisions. On August 14, 2026 the First Circuit paused that ruling only for a separate policy re-reviewing past approvals; it refused to pause the rest, so the asylum hold remains set aside while the government's appeal continues. The government also says USCIS lifted the asylum hold by a March 25, 2026 memo. Whether USCIS is deciding every held case in practice is not shown in the court record. | Dorcas Int'l Inst. of R.I. v. USCIS, No. 1:26-cv-00132 (D.R.I.) | |
| Removal to a third country (DHS v. D.V.D.) | Pending | On September 29, 2026 the Supreme Court granted review in DHS v. D.V.D., No. 26-426, on removals to third countries, including a question under the law implementing the Convention Against Torture, and stayed the lower court judgment. The government's brief was filed October 23, 2026. | DHS v. D.V.D., No. 26-426 (U.S.) | Read the post |
Status is what the primary source showed on the date above. Court orders can change without notice. Before you rely on a row, check with an attorney.
Coming up Dates on the calendar, with the source for each
In 18 days
Answering brief due: Lawful Pathways appeal
The challengers' brief is due in the same Ninth Circuit appeal.
East Bay Sanctuary Covenant v. Trump, 9th Cir. No. 26-4982 · Read the post
In 25 days
Supreme Court argument: Wassily v. Blanche
The Court hears a case about adjustment of status under INA 209(b) after asylum is terminated. It matters to asylees planning a green card application.
In 34 days
Supreme Court argument: DHS v. D.V.D.
The Court hears the third-country removals case, which includes a question under the law implementing the Convention Against Torture.
In 329 days
Annual Asylum Fee due (older applications)
For I-589s pending with USCIS for all of fiscal year 2025, the yearly fee is due each September 30. Newer applications pay on each filing anniversary.
Waiting on Decisions with no date yet
Ruling on the request to stay the no-interview referral rule
Fully briefed September 22, 2026; no ruling as of October 6.
Immigration Equality v. Mullin, No. 1:26-cv-02921 (D.D.C.) · Read the post
Whether the Supreme Court will hear the Proclamation 10888 case
Petition filed August 24, 2026; response filed September 23.
Mullin v. RAICES, No. 26-239 · Read the post
A merits ruling on the Annual Asylum Fee penalties
The penalties for not paying stay on hold until the court rules.
VAM v. USCIS, No. 1:26-cv-13038 (D. Mass.) · Read the post
What changed Every change to asylum law we track, newest first
Our quarterly law re-check
We re-checked every row of the rule tracker against primary sources. Thirteen posts were updated with the changes below.
Judgment entered in the New York courthouse arrest case
Judgment followed the September 30 ruling striking down the 2025 ICE courthouse arrest policy.
Read the postSupreme Court agrees to hear a mandatory detention case
Rhoney v. Barbosa da Cunha, No. 26-104, on detention under 8 U.S.C. 1225(b)(2)(A).
New USCIS fee rule published
Annual Asylum Fee rises to $105 and the initial asylum work permit fee to $570, for filings postmarked on or after October 16, 2026. The $100 I-589 fee does not change.
Read the postNew immigration court fees take effect
BIA appeal $1,060; motion before an immigration judge $1,095; motion before the Board $1,060.
Read the postCourt strikes down the 2025 ICE courthouse arrest policy
African Communities Together v. Lyons (S.D.N.Y.) declared the policy arbitrary and capricious and vacated the 2025 guidance as it applied to arrests in or near immigration courts.
Read the postSupreme Court agrees to hear third-country removals
DHS v. D.V.D., No. 26-426, set for argument December 9, 2026.
Read the postChallenge to the no-interview rule fully briefed
Immigration Equality v. Mullin asks a court to stay the July 28 referral rule.
Read the postNew credibility precedent
Matter of A-Q-R-K- was made binding: a judge must address inconsistencies with the evidence, including the credible fear interview, before finding an applicant credible.
Read the postGovernment asks the Supreme Court to hear the Proclamation 10888 case
The lower court ruling stays on hold meanwhile, so asylum remains restricted at the border while withholding and CAT stay available.
Read the postOne motion to reopen, across both tribunals
Matter of M-M-L-J- held the one-motion limit counts the court and the Board together, with no equitable tolling of the number limit.
Read the postThe 10-day BIA deadline is gone for good
The government dismissed its appeal, so the March vacatur is final. Appeals stay at 30 days.
Read the postPenalties for not paying the Annual Asylum Fee put on hold
A federal court in Massachusetts stayed the consequences of nonpayment. USCIS still collects the fee.
Read the postAsylum interviews become optional for the government
An interim final rule lets asylum officers refer applications to immigration court with no interview.
Read the postAnnual fee does not reach withholding or CAT
Matter of L-F-R- also held that unpaid fees lead to the asylum application being pretermitted or deemed abandoned in court.
Read the post
Your case is not a blog post
Have a hearing date, a denial, or a deadline coming up?
Talk it through with an attorney who reads these rules every week. Bring your notice, your I-589 and any letters from USCIS or the court.