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
Fighting for the Underdog
Some of Hollywood's most iconic films have featured an “underdog“ plot: a protagonist facing impossible odds who proves victorious through greater tenacity and determination. This is certainly a theme our immigrant clients and immigration law practices can relate to, perhaps now more than eve
AILA Quicktake #218: White House Immigration Priorities
AILA Director of Government Relations Greg Chen responds to the announced immigration priorities and principles set by the Trump administration. He discusses why the policies are harmful and how you can take action.
White House Releases Details on Establishing a Merit-Based Immigration System
The White House released information on the priority to establish merit-based reforms to “promote assimilation and financial success,” including the ending of “chain migration,” the establishment of a point-based system, eliminating the diversity visa lottery, and reducing the number of refugees.
In the Midst of Chaos, Where is Our Lifeline?
Mother Nature hit Puerto Rico hard with Hurricane Maria. Regardless of the deadline for Deferred Action for Childhood Arrivals (DACA) renewals and irrespective of the need for immigration lawyers to respond to Requests for Evidence (RFEs), Mother Nature wins out. But as immigration lawyers, we can't
S. 1937: Border Security and Deferred Action Recipient Relief Act
On 10/5/17, Senator Jeff Flake (R-AZ) introduced the Border Security and Deferred Action Recipient Relief Act, which would provide young people who were brought to the U.S. as children the chance to adjust their status, along with increase border security and interior enforcement measures.
USCIS Statistics on Asylum Filings for Minors for FY2017
USCIS provided FY2017 statistics (through 9/30/17) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Report to Congress on Proposed Refugee Admissions for FY2018
The White House submitted a report to Congress on proposed refugee admissions for FY2018, including a proposed FY2018 ceiling of 45,000. Report also included overviews of U.S. refugee policy and affirmative asylum processing, and information on the refugee admissions program for FY2018.
Memorandum on the Presidential Determination on Refugee Admissions for FY2018
The White House issued a memorandum for the Secretary of State with the presidential determination on refugee admissions for FY2018, stating an FY2018 admissions limit of 45,000 refugees. Memo also includes regional allocations.
Statement to House Foreign Affairs Committee on DOS Reorganization
On 9/26/17, AILA joined 16 other organizations in a statement to the House Foreign Affairs Committee regarding the proposed DOS reorganization. The groups oppose the reorganization, and state that PRM and DOS are interdependent and indivisible from each other.
Public Complaint on Treatment of Pregnant Women by ICE
AILA joined other organizations to file this complaint on behalf of numerous women who are or were pregnant and detained by Immigration and Customs Enforcement (ICE).
Civil and Human Rights Organizations File Joint Complaint Against DHS on Behalf of Pregnant Women Detained by ICE
AILA joined six other organizations filing a joint complaint today concerning ICE’s treatment of pregnant women in detention, highlighting inhumane conditions, inadequate medical care and failure to implement agency policy limiting the detention of pregnant women.
Bipartisan Senators Urge President Trump to Set Robust Refugee Admission Goals for FY2018
On 9/25/17, a group of 34 bipartisan senators urged President Trump to increase the refugee admissions goal above the proposed 50,000 for FY2018, stating that “welcoming properly vetted refugees is both a moral imperative and enhances America’s leadership and credibility abroad.
CA3 Finds BIA Misapplied Clear Error Standard When Reversing IJ’s Credibility Finding Regarding Petitioner’s Testimony
The court granted the petition for review, holding that the BIA misapplied the clear error standard of review when reversing the IJ’s positive credibility determination regarding the Uzbek petitioner’s testimony. (Alimbaev v. Att’y Gen., 9/25/17)
Affirmative Asylum Scheduling Bulletin (9/21/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 9/21/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
DOS Request for Comments on Proposed Revisions to Medical Examination Forms
DOS 30-day notice and request for comments on proposed revisions to four medical examination forms for visa or refugee applicants. The four affected forms are Form DS-2054, Form DS-3030, Form DS-3025, and Form DS 3026. Comments are due 10/16/17. (82 FR 43446, 9/15/17)
CA4 Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The court granted the petition for review, holding that the BIA abused its discretion in affirming the IJ’s clearly erroneous factual finding that the Salvadoran petitioner was not targeted by the MS-13 gang on account of her family membership. (Zavaleta-Policiano v. Sessions, 9/13/17)
Immigration Law Advisor, August-September 2017 (Vol. 11, No. 6)
The August-September 2017 issue includes an in memoriam to Juan P. Osuna, an article on the phrase “public official or other person acting in an official capacity” under the Convention Against Torture, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Facing the Pro Bono Challenge Head On – One Perspective
Pro bono work is important. But, maybe keeping your practice afloat while following your conscience to increase your pro bono work is something you struggle with, too. Thinking outside the box of pro bono can help you figure out what YOU can do.
AILA Submits Amicus Brief On Interpretation of “Particular Social Group”
On 9/11/17, the AILA Amicus Committee filed an amicus brief with the Third Circuit on the interpretation of particular social group. The brief argued that the BIA failed to remedy errors made in Valdiviezo and that social distinction is not required to establish a cognizable social group.
CA10 Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions
The court held that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C), and found that the BIA abused its discretion by denying the petitioner’s motion to reopen. (Qiu v. Sessions, 9/11/17)
Amicus Brief of National CIS Council 119 Supporting Challenges to Suspension of the Refugee Program
National CIS Council 119, a labor organization representing over 11,000 USCIS employees, filed an amicus brief in Trump v. IRAP and Trump v. Hawaii providing an overview of the process for vetting refugees and stating that “robust and exhaustive” procedures are already used.
CA9 Affirms District Court’s Modification of Preliminary Injunction Against EO 13780
The court affirmed the district court’s order modifying its preliminary injunction against Sections 2 and 6 of Executive Order 13780, preventing the government from applying EO 13780 to exclude certain close relatives of persons in the U.S. and certain refugees. (Hawaii v. Trump, 9/7/17)
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)
FOIA Response for Guidance Related to Sworn Statements at Local USCIS Field Offices
In response to AILA’s FOIA request, USCIS provides a portion of the USCIS Policy Manual that show USCIS guidance for taking and providing copies of sworn statements at benefits interviews at local USCIS offices.