A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation.
AILA’s Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILA’s principles and priorities.Get Involved
The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping.Order Now
Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more.Register Now
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 18061136 | Dated June 11, 2018
FOR IMMEDIATE RELEASE:
Monday, June 11, 2018
WASHINGTON, DC - Today, the Attorney General issued a precedent decision in a case that he referred to himself. In the decision, he vacated the Board of Immigration Appeal's (BIA) decision in Matter of A- B and announced that in his view, domestic violence victims and other victims of crimes perpetrated by private, non-government actors do not generally qualify for asylum. With this move, the Attorney General has stated he has unfettered authority to rewrite asylum law however he sees fit, further undermining the independence of the Immigration Court and the Board.
Annaluisa Padilla, AILA President, stated, "The Attorney General is turning back the clock on nearly twenty years of asylum law and undermining access to protections for bona fide asylum seekers who have suffered domestic violence, gang violence, or other forms of persecution by private actors. He blatantly ignores the conditions in countries that our own asylum law demands be taken into account when deciding these cases. This decision must also be examined in light of the Central American women and families who are now coming to our borders seeking protection from the uncontrolled, extreme levels violence in their home countries. These women are not safe in their own countries because the government cannot or will not protect them. Furthermore, today's decision has made the arduous path to asylum even more difficult for those who are pursuing protection on their own without legal representation."
AILA Executive Director Benjamin Johnson added, "This decision by the nation's top law enforcement officer further underscores that this administration does not respect the fundamental right to due process and the protections enshrined in our Constitution and asylum laws. The Attorney General is inappropriately pre-judging these cases and disregarding the principle that every single asylum case must be carefully considered on its own merits. Additionally, while he is pointedly going after domestic violence victims, his opinion could have more far-reaching implications for anyone who is the victim of violence committed by a private actor, such as violence targeting LGBTQ individuals, which are overwhelmingly committed by non-government actors. Matter of A- B- however is not the last word. This case will certainly be litigated and we will turn to the independent federal courts to step up and rectify this shameful chapter in our country's history."
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
Cite as AILA Doc. No. 18061136.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.