10/14/2026
The BIA created a "safe countries" list that changes asylum in the U.S.
In Matter of B-S-A-N- (BIA 2026), the Board of Immigration Appeals held that immigration judges should generally deny asylum for people from highly developed, democratic countries that protect human rights. The only exception: extraordinary circumstances involving national security or foreign policy.
The list has 40 countries: all 27 European Union countries (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden), plus Iceland, Liechtenstein, Norway, Switzerland, Monaco, Andorra, San Marino, the United Kingdom, Canada, Australia, New Zealand, Japan, and South Korea.
Two key points:
• The judge can deny the application at the first hearing, without a merits hearing.
• EU citizens face a second barrier: they must show they cannot safely live in any other member state.
This is not an absolute ban, and it does not affect other forms of relief such as cancellation of removal, adjustment of status, U and T visas, or VAWA. If you hold dual nationality and one of them is on the list, talk to a lawyer before filing your case.
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This is general information, not legal advice.