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
USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear
The American Immigration Council and partners provided this practice advisory with practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction.
CA8 Upholds Denial of Asylum to Ethiopian Petitioner
The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17)
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18)
CRS Legal Sidebar: The Application of the “One Central Reason” Standard in Asylum and Withholding of Removal Cases
The Congressional Research Service (CRS) issued a Legal Sidebar on the “one central reason” standard and how it is applied in practice, including a discussion of Barajas-Romero v. Lynch, which created a split among federal circuit courts regarding the extent and application of this standard.
USCIS Provides Lesson Plan on Decision Writing - Overview and Components
USCIS provided part one of its Asylum Division Officer Training Course on decision writing. This lesson introduces asylum officers to the standard format for written asylum decisions.
Affirmative Asylum Scheduling Bulletin (12/13/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 12/13/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Reopens Proceedings for DACA Recipient to Adjust Status
Unpublished BIA decision reopens proceedings for DACA recipient seeking to adjust status, noting that he was a minor when his parents’ asylum application was denied and was now the beneficiary of an approved visa petition. Special thanks to IRAC. (Matter of Wu, 12/11/17)
CA4 Remands Asylum Case to BIA to Reconsider Eligibility for Changed Circumstances Exception to One-Year Filing Deadline
The court found that facts that provide additional support for a pre-existing asylum claim can satisfy the changed circumstances exception to the one-year filing deadline and remanded the Honduran petitioner’s case to the BIA. (Romero Zambrano v. Sessions, 12/5/17)
When Law Professors Attack: Four False Assumptions in the WSJ Op-Ed
Apparently, it is now fashionable to blame immigration lawyers for the ills of the U.S. immigration system. It started in October when Attorney General Jeff Sessions, railed against the “dirty immigration lawyers,“ baselessly charging that they are exploiting loopholes (also known as “the law&
EOIR Fact Sheet: An Agency Guide
EOIR provides a fact sheet with an agency overview as well as a list of common forms of protection and relief from removal.
TRAC Finds that Asylum Representation Rates Have Fallen Amid Rising Denial Rates
TRAC reports that during FY2007, 13.6 percent of asylum seekers were unrepresented, while in FY2017, the unrepresented figure was 20.6 percent. Asylum decisions were also up sharply during FY2017 with the percent who were denied asylum at 61.8 percent.
Two Business Immigration Lawyers in “Baby Jail”: A Report from Dilley
“I can barely handle being a prisoner here….“
CA9 Affirms Denial of Asylum, Withholding of Removal, and CAT Protection
The court denied the petition for review, finding that substantial evidence supported the IJ’s denial of the petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. (Manes v. Sessions, 11/27/17)
TRAC Finds that Asylum Outcomes Continue to Depend on the Judge Assigned
TRAC finds that the outcome for asylum seekers continues to depend on who is assigned to hear the case. The odds of being granted asylum could be as high as 90 percent or as low as 3 percent in the San Francisco or Newark Immigration Courts depending upon which immigration judge is assigned.
CA6 Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan
The court granted the petition for review of the BIA’s denial of relief under the CAT, holding that the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan. (Kamar v. Sessions, 11/17/17)
District Court Issues Preliminary Injunction in Favor of Asylum Seekers at Buffalo Federal Detention Center
A district court issued a preliminary injunction requiring the Buffalo Federal Detention Center to comply with a 2009 ICE directive on evaluating parole requests for asylum seekers and to provide asylum seekers detained for six months or more with bond hearings. (Abdi v. Duke, 11/17/17)
BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker
Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17)
Senators Push for Answers on Travel Ban Impact on Refugees
On 11/16/17, 20 senators requested that DHS, DOS and the HHS answer questions about the effects that the president’s Executive Order issued on 10/24/17 is having on the refugee program, including the prevention of refugees from being reunited with their families in the U.S.
DOS 60-Day Notice and Comment Request on Revisions to Refugee Biographic Data Sheet
DOS 60-day notice and request for comments on proposed revisions to the Refugee Biographic Data Sheet. Comments are due 1/16/18. (82 FR 52964, 11/15/17)
USCIS Will Stop Interviewing CAM Cases on January 31, 2018
USCIS will stop interviewing Central American Minors (CAM) refugee program cases on 1/31/18. After that date, individuals with pending applications who have not been interviewed will receive a notice with further instructions. DOS stopped accepting new applications for the program on 11/9/17.
TRAC Provides the Latest Asylum Denial Rates by Immigration Court Judge
TRAC published 293 separate reports on each Immigration Judge who decided at least 100 asylum cases at their court between FY2012 and FY2017. Each individual report provides a short biography for that judge, along with details on the judge's overall denial rates during this six year period.
Arlington Asylum Office Issues Memo on Hours of Operation and Procedures on Inquiries Without Appointments and Late Document Submission
The Arlington Asylum Office issued a memo on its hours of operation and late document submission. The Arlington, VA office identified Wednesdays from 7:00 am to 3:00 pm as a time when the office will handle inquiries from individuals without a prior appointment.
CRS Legal Sidebar with an Overview of Travel Ban Litigation
The Congressional Research Service provides a Legal Sidebar with an overview of the series of three executive actions commonly referred to as the “Travel Ban,” which restrict the entry of specified categories of non-U.S. nationals into the United States, and the related litigation.
Getting Through the Reinstatement Maze
It often seems like the deck is stacked against our clients, particularly when the government uses tools like reinstatement of removal that are complex to defend against. Reinstatement sounds simple, but in practice the government can mistakenly apply it or fail to ensure safeguards are taken to pr
AILA Notes from SCOPS Teleconference (9/27/17)
AILA notes from the 9/27/17 teleconference with SCOPS. Topics include H-1B cap and premium processing, H-1B Level 1 RFEs, interviews for employment-based adjustment applicants and I-730 petitions, and nonimmigrant grace periods.