AILA’s policy briefs provide in-depth insight and analysis on significant issues impacting the practice of immigration law, and offer recommendations to make the immigration law system more fair, efficient, and just. Check out all of AILA’s policy briefs below, with the most recent policy brief appearing first, and make your voice heard by supporting AILA’s advocacy priorities.
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Proposed legislation has threatened to further restrict access to asylum. AILA opposes this change. This brief explains the current law governing this part of the asylum process called the credible fear interview.
AILA provides a policy brief that connects visa delays at the Department of State with pressure on migrants to cross the southern border without authorization. Most of these delays are a result from a lack of resources and insufficient funding, as well as inefficiencies in the agencies’ processing.
AILA and the CAIR Coalition provide a practice advisory that focuses on the challenges unique to the detention context and how best to address some of the key issues to effectively providing remote representation to detained noncitizens.
Recent developments in technology and increased migration encounters have generated interest in creating electronic systems for processing and serving NTAs. AILA provides a policy brief that outlines the parameters electronic systems and electronic service must have in order to preserve due process.
AILA released a first-of-its-kind report on asylum timelines, High-Stakes Asylum: How Long an Asylum Case Takes and How We Can Do Better. The report is based on a survey of over 300 asylum attorneys about how much time it takes to prepare an asylum application.
To ensure lasting and meaningful change at the border, border security reforms must happen in tandem with other improvements to the immigration system. AILA offers recommendations for efficient, fair border processing, and managing migration.
AILA provides a policy brief on how mandating asylum processing times tread into territory that imperils our nation’s commitment to due process by creating inflexible timelines that on a practical level do not allow meaningful access to counsel for asylum seekers. s
AILA summarizes current DHS alternative to detention options and urges Congress to fund a new approach. Case management programs are a more humane and effective approach to obtaining compliance with immigration requirements while also helping migrants navigate complex removal proceedings.
Making Headway: An Update on DOS’s Progress toward Addressing Inefficiencies and Delays Created by COVID-19
AILA provides a policy brief on the status of our June 2021 recommendations to DOS for reducing backlogs and delays resulting from the COVID-19 pandemic, as well as additional recommendations that might help the agency.
AILA and the American Immigration Council make detailed recommendations on the use of virtual technology in immigration hearings, describing the challenges of video teleconferencing and recommending agency standards and guidance.
AILA Policy Brief: Recommendations on the Expansion and Implementation of Immigration Legal Representation Programs
AILA provides recommendations on the implementation of immigration legal representation programs based on the findings of the AILA Legal Representation Task Force.
AILA Policy Brief — Righting the Ship: The Current Status of USCIS Processing Delays and How the Agency Can Get Back on Course
AILA provides an update on the current state of USCIS processing delays and offers 11 recommendations for how USCIS and members of Congress can right the ship and get the agency back on course toward efficient processing of benefits.
Policy Brief: Reopening America - How DOS Can Reduce Delays and Eliminate Backlogs and Inefficiencies to Create a Welcoming America
AILA provides sensible recommendations for policies and procedures that the Department of State and Biden administration can implement to overcome the hurdles created by the COVID-19 global pandemic, while reestablishing America as a welcoming nation.
AILA issued a policy brief calling on Congress and the Biden administration to move away from the nation’s harmful and grossly overused detention system. The brief provides recommendations for reducing and phasing out immigration detention, including community-based case management support.
AILA offers a policy brief with recommendations for actions that USCIS can take to improve its efficiency in adjudications, including eliminating mandatory in-person interview requirements for routine cases, reusing biometrics and waiving the biometrics requirement for certain groups, and more.
Walled Off: How USCIS Has Closed Its Doors on Customers and Strayed from Its Statutory Customer Service Mission
Over the last four years USCIS has strayed far from its customer-oriented mission. AILA highlights many of the measures responsible for this shift and offers smart, sensible solutions for the agency to rebuild its public services and ensure efficiency and transparency in its operations.
Policy Brief: Why President Biden Needs to Make Immediate Changes to Rehabilitate the Immigration Courts
In just four years, President Trump implemented radical changes that fundamentally compromised the integrity of the immigration courts. This policy brief explains the most critical and urgent changes President Biden should make to the immigration court system to ensure fairness and impartiality.
Policy Brief: The Biden Administration and Congress Must Guarantee Legal Representation for People Facing Removal
AILA and the Council issued a policy brief calling upon the Biden administration to expand federally-funded legal representation programs for people facing removal, arguing that legal representation ensures due process and efficiency, reduces the detention of immigrants, and reduces court backlog.
Policy Brief: Increase in Indefinite ICE Detention Without Foreseeable Removal Dates During COVID-19 Pandemic
AILA and the Council released a policy brief on the increase in indefinite ICE detention during the pandemic. The brief outlines how ICE has failed to comply with limitations on its authority to indefinitely detain people, thus violating due process and endangering public and detainee health.
AILA Policy Brief: USCIS’s “No Blank Space” Policy Leads to Capricious Rejections of Benefits Requests
This AILA policy brief describes how USCIS upended long-standing practice, without notice, and began rejecting forms that left questions blank or did not use specific terminology to indicate that a question was inapplicable, leading to capricious rejections.
AILA’s analysis of USCIS data from FY2019 reveals a continued rise in USCIS processing delays for applications and petitions for immigration benefits. The results of this analysis underscores the importance of robust congressional oversight of USCIS to ensure transparency and good governance.
On January 24, 2020, at DHS invitation, an AILA delegation attended a tour and briefing of the tent facility in Laredo. This policy brief addresses what AILA learned during that tour of the processes and procedures for migrants, attorneys, and observers.
The U.S. immigration court system suffers from profound structural problems that have severely eroded its capacity to deliver just decisions in a timely manner. This policy brief outlines how the courts have been pushed to their breaking point, and what it will take to fix them.
AILA issued a policy brief on the Trump administration’s notice of proposed rulemaking on bars to asylum eligibility, noting that it would undermine the protections currently available to people who flee to the United States to escape persecution, torture, or even death in their home countries.
AILA issued a policy brief following DHS’s announcement that it has opened the Laredo and Brownsville tent courts for court observers. DHS and DOJ have operationalized this directive in a way that fails to allow meaningful access to the tent court facilities and imposes new hurdles to transparency.