Immigration authorities will deny asylum claims of individuals that engaged in the persecution of others, per an announcement by the U.S. Attorney General. This rule applies to individuals who participated under coercion. The new operational opinion went into effect on October 22, 2025.

The new opinion is based on a 2020 declaration on the validity of denying asylum claims of individuals who coerced into persecuting others. The plaintiff in question was denied asylum eligibility due to working as a prison guard during a time of conflict between Ethiopia and Eritrea. However, an immigration judge granted a deferral of removal under the United Nations Convention Against Torture. After their asylum claims were initially denied, the plaintiff went to the Board of Immigration Appeals (BIA).

Unfortunately, a split decision prevented the BIA from reaching a substantial conclusion. While the BIA asserted individuals persecuting others aren’t eligible for asylum, individuals that did so under coercion are a different story. The initial 2020 opinion overturned the BIA’s policy.

The recent reapplication of the operative opinion bars anyone that persecuted others from filing asylum claims, regardless of the circumstances. The burden of proving the applicant engages in persecution also falls with them rather than with immigration authorities. This zero-tolerance policy applies to removal appeals too.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.