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
AILA Statement to House Judiciary Committee on Markup of H.R. 2826
On 6/13/17, AILA submitted the following statement opposing H.R. 2826, Refugee Program Integrity Restoration Act of 2017, scheduled for markup on 6/14/17 before the House Judiciary Committee. This bill would have devastating consequences on the U.S. Refugee Assistance Program.
CA9 Affirms District Court’s Injunction Against Travel Ban and Refugee Program Limitations
In a per curiam opinion, the court upheld the district court’s injunction against Sections 2(c), 6(a), and 6(b) of Executive Order 13780. (Hawaii v. Trump, 6/12/17)
Affirmative Asylum Scheduling Bulletin (6/9/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 6/9/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
H.R. 2826: Refugee Program Integrity Restoration Act of 2017
On 6/8/17, Representative Raul Labrador (R-ID) introduced the Refugee Program Integrity Restoration Act to provide for an annual adjustment of the number of admissible refugees.
CA7 Says Noncitizens Subject to Reinstatement of a Removal Order Cannot Apply for Asylum
The court dismissed the petition for review, holding that because asylum is a form of discretionary relief, the petitioner, who was subject to a reinstated order of removal, lacked standing to challenge the federal regulations prohibiting him from applying for it. (Garcia v. Sessions, 6/8/17)
BIA Vacates Discretionary Denial of Asylum Application
Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17)
Take Action to Combat the Crisis in Post-Release Representation
Since July 2014, when the Obama Administration began detaining women and children crossing the southern border at a makeshift detention center in Artesia, New Mexico, more than 35,000 women and children from the Northern Triangle have been processed at detention centers near the southern border of t
USCIS Asylum Office Workload for June 2017
USCIS statistics on asylum offices’ workload, stages of an asylum case broken down by office (filed, interviews conducted, completed, pending), and nationality to applicants for June 2017.
CA9 Says Attempted Sexual Abuse Under Oregon Law Is an Aggravated Felony
The court denied in part and dismissed in part the petition for review, concluding that the petitioner’s conviction for attempted sexual abuse under Oregon Revised Statutes §163.427 was an aggravated felony that warranted termination of his asylee status. (Diego v. Sessions, 5/26/17)
CA1 Remands for BIA to Consider Whether Petitioner Can Relocate Within Guatemala
The court granted the petition for review and remanded because neither the IJ nor the BIA addressed evidence indicating that the petitioner would not be safe in a relocated area of Guatemala or made any mention of the “reasonableness factors” of relocation. (Garcia-Cruz v. Sessions, 5/26/17)
Congressional Letter to Secretary Kelly Regarding the Treatment of Asylum Seekers at the Border
On 5/25/17, 40 members of Congress sent a letter to DHS requesting an immediate investigation into claims that individuals fleeing violence and persecution have been denied the opportunity to apply for asylum or other forms of humanitarian protection at ports of entry along the border.
BIA Says Respondent Did Not Establish that Membership in a Particular Social Group Was Central Reason for Fear
The BIA dismissed the appeal in part, finding respondent did not establish that his membership in a family social group was at least one central reason for past events and future harm he claims to fear. The BIA remanded for review of CAT claim. Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017)
Bite-Sized Ethics: Desperate Clients, Enforcement Priorities, and Asylum
Before filing an asylum claim, attorneys must determine whether their client has “an arguable basis in law or in fact” to file. In this bite-sized article, learn how to handle cases where clients are desperate to file anything to stay and have a general fear of returning to their country.
BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar
Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17)
BIA Addresses Extraordinary Circumstances Exception for Minors
Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17)
CA1 Upholds the BIA and IJ Finding That Petitioner Had Not Suffered Past Persecution
The court denied the petition for review, holding that the Guatemalan petitioner provided no basis for the reversal of the denial of his asylum application nor did he offer a basis on which to conclude that he qualified for withholding of removal. (Morales-Morales v. Sessions, 5/22/17)
BIA Holds 212(h) Aggravated Felony Bar Does Not Apply to LPRs Who Adjusted as Refugees
Unpublished BIA decision holds that adjustment of status under INA 209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA 212(h). Special thanks to IRAC. (Matter of Peduri, 5/19/17)
BIA Upholds Bond to Respondent with Recent DUI Convictions
Unpublished BIA decision upholds grant of $10,000 bond to respondent convicted of DUI in 2016 in light of strong family ties to United States and wife who was seeking asylum and recently gave birth to a newborn. Special thanks to IRAC. (Matter of E-D-J-F-T-, 5/19/17)
MAVNI: A Successful Program Currently SNAFUed
Imagine you are a Polish- or Punjabi-speaking graduate of a United States school and you volunteered to join the U.S. Armed Forces, ready to serve this country and America's interests. Your recruiter told you about the Military Accessions Vital to the National Interest (MAVNI) Pilot Program which al
BIA Questions Whether $50 Payment Qualifies as “Material” Support
Unpublished BIA decision remands for consideration of whether giving $50 to Al-Shabaab qualified as “material” support for terrorism, instructing IJ to consider whether it had some effect on the organization’s ability to accomplish goals. Special thanks to IRAC. (Matter of H-I-Y-, 5/18/17)
BIA Says Respondent Must Prove Grounds for Mandatory Denial of Relief Do Not Apply
The BIA upheld the Immigration Judge’s adverse credibility finding and affirmed the determination that the respondent has not established eligibility for a waiver of deportability under INA §237(a)(1)(H) or for asylum or withholding of removal. Matter of M-B-C-, 27 I&N Dec. 31 (BIA 2017)
AILA Quicktake #203: Legislation in House Judiciary Committee
AILA's Director of Government Relations Greg Chen provides updates on three enforcement-only bills being marked up in the House Judiciary Committee on 5/18/17 and how these will undermine public safety.
AILA Statement to House Judiciary Committee on Markup of H.R. 2406, H.R. 2407, and H.R. 2431
On 5/17/17, AILA submitted the following statement opposing three immigration related bills (H.R. 2407, H.R. 2406, and H.R. 2431) scheduled for markup on 5/18/17 before the House Judiciary Committee. These bills would constitute an unprecedented expansion of the immigration enforcement.
Despite the Odds
On a Sunday in February 2016, I was at the San Francisco airport ready to travel to the family detention center in Dilley, Texas, to meet with my new pro bono clients, Marta and her two young sons. Moments after I arrived at SFO, I received word that Immigration and Customs Enforcement (ICE) was tra
The Courage of Mothers in Family Detention
Over the past two years, hundreds of volunteers have given up a week or more of their lives to help nearly 30,000 mothers and more than 33,000 children detained by the federal government as they seek asylum as our laws allow. Pro bono attorneys, joined by translators and legal assistants, help them