Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
DHS/DOJ Final Rule on Securing the Border
DHS/DOJ final rule revising regulatory text and seeking comments on potential changes to the Circumvention of Lawful Pathways rule as well as changes that parallel modifications made by a subsequent Proclamation. Rule is effective on 10/1/24. Comments are due by 11/6/24. (89 FR 81156, 10/7/24)
AILA Met with USCIS on Customer Service Issues (10/7/24)
AILA met with USCIS on 10/7/24 to discuss short-term and longer-term customer service enhancement initiatives and related issues, including myUSCIS, the use of AI, filing intake and digitization processes, and more. AILA provides notes and its agenda from its quarterly engagement with USCIS.
Policy Brief: Analysis of Proclamation and Interim Final Rule on “Securing the Border”
President Biden signed a proclamation, and the Administration issued an Interim Final Rule as well as a Final Rule, “Securing the Border,” relying in part on the authority in INA 212(f) that will effectively bar access to asylum for most people arriving between ports of entry when in effect.
CA9 Remands Asylum Claim Where BIA Misapplied Matter of R–K–K– and Erred in Internal Relocation Analysis
Granting the petition for review of the BIA’s affirmance of the IJ’s denial of asylum, the court held that the BIA erred by misapplying Matter of R–K–K– in making its adverse credibility determination, and also erred in its internal relocation analysis. (Singh v. Garland, 10/4/24)
Biden Administration Cements Harmful Asylum Restrictions
AILA President Kelli Stump and Executive Director Ben Johnson respond to the Biden Administration’s codification of harmful policies that are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.
Points of Contact for Credible Fear Interviews in CBP Custody
DHS provided a “Points of Contact for Credible Fear Interviews in CBP Custody” spreadsheet. This includes contacts for Border Patrol, USCIS Asylum, and EOIR.
Asylum Cases on Past Persecution
This issue-specific page lists published asylum cases on past persecution. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
CRS Provides FAQs on Credible Fear and Defensive Asylum Processes
The CRS report addresses FAQs about credible fear and asylum, including those related to expedited and formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data regarding credible fear and asylum outcomes.
CA6 Finds BIA Erred in Making No-Nexus Determination with Regard to Guatemalan Petitioners’ Family Membership PSG
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
Think Immigration: Breaking Down Barriers - Improving Asylum Laws for Queer Migrants
AILA DEI Scholarship Award winner Abby Leigh advocates for changes to asylum law, describing reforms necessary in order to “offer LGBTQIA+ asylum seekers a meaningful chance to claim protection and live up to America’s promise of safety for those fleeing persecution.
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Forced Marriage in the United States Webinar Series
The Tahirih Justice Center invites you to a comprehensive training webinar series providing foundational knowledge of forced marriage as a form of gender-based violence and the abusive tactics often utilized to force an individual at risk to comply with the marriage demands. Register today.
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
USCIS Proposed Settlement Agreement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.
USCIS provides notice of proposed class action settlement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.. The agreement will not take effect until it is given final approval by the court following a fairness hearing on November 25, 2024.
Join USCIS for National Asylum Stakeholder Engagement
USCIS will host a virtual national asylum stakeholder engagement on 10/10/24. The session will provide an update on FY2024 progress, FY2025 goals, and address pre-submitted questions. Register and submit questions by 9/6/24.
CA2 Upholds Denial of Cancellation of Removal to Petitioner Whose Daughter Had Mental Health Conditions
The court held that the BIA and IJ did not err in denying cancellation of removal, upholding the conclusion that the hardships the petitioner’s daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24, amended 9/3/24)
D.C. Circuit Holds That USCIS Is Not Required to Disclose Asylum Officers’ Written Assessments in FOIA Requests
The court upheld the district court’s conclusion that the deliberative-process privilege protects analysis portions of asylum officers’ written recommendations whether to grant or deny asylum from being disclosed in Freedom of Information Act (FOIA) requests. (Emuwa, et al. v. DHS, 9/3/24)
USCIS to Open International Field Office in Quito, Ecuador
USCIS announced it will open an international field office in Quito, Ecuador on 9/10/24. Services at the office in Quito will be available only by appointment. USCIS will update its webpage to include information about the field office, its services, and appointments.
CA9 Finds That IJ Erred by Refusing to Consider New Evidence at Petitioner’s Reasonable Fear Review Hearing
The court held that the IJ erred by failing to exercise discretion and, instead, automatically refusing to consider the petitioner’s new evidence of rape and country conditions in Peru on the erroneous belief that he lacked the discretion to consider it. (Dominguez Ojeda v. Garland, 8/29/24)
CA1 Upholds Agency’s No-Nexus Finding as to Petitioner Whose PSG Was “Brazilian Women”
The court held that substantial evidence supported the agency’s conclusion that there was no nexus between the petitioner’s membership in her proposed particular social group (PSG) consisting of “Brazilian women” and the harm she suffered. (Soares da Silva Pazine v. Garland, 8/27/24)
Practice Pointer: The HIAAC Five
AILA’s USCIS High Impact Adjudications Assistance Committee, formerly the Case Assistance Committee, provides an update on its work after the name transition.
USCIS Responds to AILA Letter Requesting Data and Reporting
USCIS responds to AILA's request that the Refugee, Asylum, and International Operations Directorate provide additional data and reporting on the affirmative asylum caseload stating that some data is currently available and the other data requested is being considered.
CBP General Notice of Emergency Revision of Collection of Advance Information from Certain Undocumented Individuals on the Land Border
CBP notice to allow it to make changes to this information collection to allow Mexico access to a tool that will permit Mexico to validate an individual’s CBP One appointment and change the locations in Mexico from which individuals can request CBP appointments. (89 FR 67953, 8/22/24)
USCIS Provides Tips for Filing Forms by Mail
USCIS provides tips on filing forms by mail, including the use of black ink if forms are completed by hand, sending separate payments if filing multiple applications, petitions, or requests, recommended assembly order of packets, use of rubber bands versus binder clips, and more.