Practice Advisory: Gender-Based Asylum under Trump 2.0

This practice advisory is intended for attorneys representing asylum seekers in the Seventh Circuit, but may be useful to attorneys nationwide. In 2025, the Trump administration has taken two new steps to prevent survivors of gender violence from accessing protection. The administration first issued a policy memorandum purporting to authorize judges to ignore Matter of A-R-C-G-. Next, they issued a BIA decision, Matter of K-E-S-G-, that finds particular social groups based solely on gender, or gender and nationality, are not cognizable. As with the efforts of the first Trump term, these measures are legally flawed. This practice advisory has analysis of the policy memo and the new decision that attorneys in the Seventh Circuit may wish to use in their arguments against these measures, including practice pointers and sample language for inclusion in briefing.