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
Policy Brief: Solutions for the Border and America's Immigration System
AILA presents solutions to Congress and the President to address the border and modernize America’s immigration system. With the dramatic shifts in worldwide migration sustained action is needed at the U.S. southern border to ensure the fair, fast, and orderly processing of arriving migrants.
CA1 Upholds Denial of Motion to Reopen of Christian Chinese-Indonesian Petitioners Based on Changed Country Conditions in Indonesia
The court denied the petition for review of the BIA’s second denial of reopening, finding that the BIA reasonably found that petitioners had failed to satisfy the requirements for an exception to late filing in INA §240(c)(7)(C)(ii) and 8 CFR §1003.2(c)(3)(ii). (Djokro v. Garland, 5/17/24)
DHS and DOJ to Announce “Recent Arrivals” Docket Process for More Efficient Immigration Hearings
DOJ finalizes rule on a new Recent Arrives Docket process aiming to render final decisions within 180 days for certain noncitizen single adults who attempt to cross between ports of entry at the Southwest border. The docket will operate in Atlanta, Boston, Chicago, LA, and New York City.
Southern California Chapter: Q&A from Liaison Meeting with Los Angeles Asylum Office (5/16/24)
Notes from Southern California Chapter’s stakeholder meeting with Los Angeles asylum office on 5/16/24.
Congressional Letter to USCIS on EADs for Asylees and Humanitarian Parolees
Congressional offices sent a letter to USCIS expressing ongoing concerns with the process for submitting Employment Authorization Document (EAD) applications for asylee and humanitarian parolees. The letter outlines the barriers and several questions regarding Administration plans.
USCIS Opens Additional San Francisco Asylum Office Location
USCIS’s San Francisco Asylum Office is opening an additional temporary location in Oakland, California. Effective May 15, asylum applicants under the jurisdiction of the San Francisco Asylum Office may receive an interview notice to appear at the asylum office located in Oakland.
DHS NPRM on the Application of Certain Mandatory Bars in Fear Screenings
DHS notice of proposed rulemaking (NPRM) to allow asylum officers to consider the potential applicability of certain bars to asylum and statutory withholding of removal during certain fear screenings. Comments due by June 12, 2024. (89 FR 41347, 5/13/24)
AILA Senior Director of Government Relations Shares Insights on Asylum Rule Notice
Greg Chen responds to the advance copy of the Notice of Proposed Rulemaking that would give authority to asylum officers to apply existing security and terrorism related bars during the initial screening process for credible fear.
USCIS Memo with Updates to Credible Fear Checklist Related to Internal Relocation
USCIS issued a memo to explain the latest revisions to the credible fear (CF) checklist related to evaluating internal relocation as part of the CF determination. Released via FOIA to the African Immigrant Rights Council.
USCIS Updates to Credible Fear Checklist Related to Internal Relocation
Asylum Division Chief John Lafferty revised the checklist for evaluating internal relocation as part of the CF determination to align with the CLP rule's rebuttable presumption of ineligibility for asylum for certain noncitizens who enter at the U.S.-Mexico land border or adjacent coastal borders.
AILA Member Receives FOIA Response and Obtains an Asylum Officer Lesson Plan
An AILA member has received a FOIA response and obtained an asylum officer lesson plan titled "Credible Fear of Persecution and Torture Determinations." The lesson is dated May 9, 2024 and covers who is subject to expedited removal and how to apply the credible fear standard.
Practice Alert: FedEx Facility in South Michigan Destroyed by Tornado
On May 7, a potential tornado destroyed a FedEx facility in Portage, in the southern part of Michigan. AILA encourages members whose filings may be affected by this issue, to send a report to reports@aila.org. Reports should include information on the affected filing.
EOIR 30-Day Comment Request of EOIR-26A
EOIR 30-day comment request on the Fee Waiver Request (EOIR-26A). Comments are due by 6/7/24. (89 FR 38917, 5/8/24)
AILA Writes to USCIS Requesting Data and Statistics
AILA's Asylum and Refugee National Committee wrote a letter to USCIS with suggested data and statistics for publication on its website.
CA8 Upholds Reinstatement of Removal Order Where Petitioner Feared Returning to Mexico Due to Cartel Violence
Where petitioner feared returning to Mexico due to cartel violence, the court held that substantial evidence supported the IJ’s finding that he failed to show a reasonable fear of persecution or torture for purposes of removal proceedings under INA §241. (Galvez-Vicencio v. Garland, 5/6/24)
CA8 Upholds Denial of CAT Relief to Petitioner Who Feared He Would Be Harmed by Cartel in Mexico
The court upheld the denial of petitioner’s motion for reconsideration of the BIA’s reversal of the IJ’s grant of Convention Against Torture (CAT) relief, finding that the BIA correctly applied its standard of review and did not independently find facts. (Rosas-Martinez v. Garland, 5/3/24)
CA1 Finds “Small Business Owners” Is Not a Legally Cognizable PSG
The court concluded that the proposed particular social group (PSG) consisting of “small business owners” was not legally cognizable, and thus upheld the denial of asylum to the Guatemalan petitioner, who had been subjected to death threats from the Mara 18 gang. (Cabrera v. Garland, 5/2/24)
CA6 Upholds Denial of CAT Deferral to Iraqi Petitioner Convicted of Crimes Against Children
The court upheld the denial of deferral of removal under the Convention Against Torture (CAT), concluding that the agency did not err in its evaluation of new evidence the petitioner submitted with his motion to reopen alleging changed country conditions in Iraq. (Saleh v. Garland, 5/2/24)
CA5 Upholds Denial of Asylum to Petitioner Who Was Threatened by Mexican Navy
The court upheld the BIA’s determination that the petitioner, who had publicly spoken out against the Mexican Navy and whose home was subsequently ransacked by the Navy, had failed to establish past persecution or a well-founded fear of future persecution. (Loredo Rangel v. Garland, 5/1/24)
Policy Brief: Breaking Down Walls - The Status of AILA’s Customer Service Recommendations
In February 2021, AILA highlighted a shift away from USCIS's mission, affecting customer service. It proposed nine improvements for USCIS and three for Congress to enhance accountability. Despite progress, challenges remain, with AILA urging further action to ensure better service and efficiency.
CA10 Finds BIA Abused Its Discretion by Treating Petitioner’s Asylum Appeal as Waived
The court granted in part the petition for review, finding that the petitioner did not waive her challenge to the IJ’s determination that she had not shown a nexus between her alleged membership in a particular social group and her alleged persecution. (Rangel-Fuentes v. Garland, 4/23/24)
USCIS Announces Opening of International Field Offices in Qatar and Turkey
USCIS announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to "increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation."
USCIS Invitation to Webinar on Form I-730, Refugee/Asylee Following-to-Join Processing
USCIS invites stakeholders to a webinar on May 29, 2024, to discuss Form I-730, Refugee/Asylee Following-to-Join Processing. Questions are due by May 3.
Practice Alert: Delayed or Missing Biometrics Requests and/or Receipt Notices for Defensive Asylum
As reports of delayed or missing biometrics for Defensive Asylum have resurfaced, the CIS Ombudsman has requested examples of such delays.
Practice Alert: USCIS Responds to AILA Inquiry with respect to Filing Fees for Form I-129
As a result of a recent AILA inquiry, USCIS has advised that the Fee Schedule for I-129 has been updated to indicate the correct information for H-1B and H-1B1 petitions.