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
DOS Ends the CAM Refugee Program As of November 9, 2017
DOS announced that it will not accept any new applications to the Central American Minors (CAM) refugee program after 11:59pm (ET), 11/9/17. The Resettlement Support Centers in El Salvador, Honduras, and Guatemala will continue to pre-screen applicants who file by the deadline.
On Immigration, It’s Time to Start Listening to Each Other
When it comes to civil dialogue, we are living in a low moment in our nation's history. Honest debates that yield real solutions to our common problems seem like a quaint notion—and that disturbs me. As the executive director of the American Immigration Lawyers Association, an organization of 15,000
Affirmative Asylum Scheduling Bulletin (11/6/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 11/6/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Withdraws Amicus Invitation on Exceptions to the One-Year Asylum Bar
The BIA withdrew the amicus invitation issued on 10/17/17 on exceptions on the one-year asylum bar, as the case has been rendered moot by the actions of the parties.
USCIS Q&As from Asylum Division Quarterly Meeting (11/3/17)
USCIS provides Q&As from the 11/3/17 Asylum Division Quarterly meeting, including updates, statistics, scheduling interviews and issuing decisions, credible fear NTAs, UACs, asylee benefits, change of address, staffing, filing instructions, EADs, Form I-730s, and more.
BIA Says IJs Lack Authority to Terminate Removal Proceedings to Allow Noncitizens to Present Asylum Claims to DHS
The BIA held that an immigration judge does not have authority to terminate removal proceedings to give an arriving alien an opportunity to present an asylum claim to DHS in the first instance. Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. 168 (BIA 2017)
IJ Performance Quotas: A Threat to Due Process and Judicial Independence
On October 12, 2017, the Washington Post reported that the Trump administration seeks to impose numeric quotas on immigration judges as part of their performance evaluations. Speeding up deportation proceedings without regard to the impact on due process and judicial independence is an affront to th
AILA Statement to House Judiciary Committee on EOIR Oversight
On 10/31/17, AILA joined NGOs and submitted a statement to the House Judiciary Committee, Immigration and Border Security Subcommittee for a hearing on 11/1/17 titled “Overview of the Executive Office for Immigration Review.”
CA1 Remands for BIA to Consider Petitioner’s Potentially Significant Documentary Evidence of Domestic Violence
The court vacated BIA’s order rejecting petitioner’s withholding of removal claim, finding that, irrespective of the supportability of the adverse credibility finding, remand was required for BIA to consider potentially significant documentary evidence. (Aguilar-Escoto v. Sessions, 10/27/17)
Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
Executive Order issued 10/24/17 on resuming the United States Refugee Admissions Program with enhanced vetting capacities, including 90-day and 180-day benchmarks for evaluating the admission of refugees, and providing a report on the effects of refugee resettlement. (82 FR 50055, 10/27/17)
Documents Relating to Washington State and Minnesota Challenge to Executive Order Targeting Muslims and Refugees
The district court issued an order staying its consideration of the states’ 10/11/17 motion for a temporary restraining order. (Washington v. Trump, 10/27/17)
Defending the Practice of Immigration Law in an Age of Falsehoods
In his October 12th remarks to the Executive Office for Immigration Review (EOIR), Attorney General Jeff Sessions lamented the fact that those with a credible claim for asylum have in recent years more frequently exercised the rights and protections provided to them under the Immigration and Nationa
GAO Testimony to House Subcommittee on Refugees
The GAO released testimony to the House Subcommittee stating that federal agencies and their partners have implemented certain measures designed to ensure integrity in the refugee resettlement referral process but need to further strengthen applicant screening and assess fraud risks.
A Fighting Chance to Claim Asylum
Earlier this year, a young man called James* fled his country of origin after enduring yet another attack on his life, this time at the hands of his family members who learned he was gay. They also reported James to the police, who began searching for him because, under a law outlawing homosexuality
DOS Fact Sheet: Status of the U.S. Refugee Admissions Program
DOS issued a fact sheet stating the U.S. Refugee Admissions Program resumed with enhanced vetting. Applicants from 11 potentially higher-risk nationalities will resume on a case-by-case basis during a new 90-day review period. Admissions of FTJ refugees will resume once enhancements are implemented.
DHS Announces Improved Security Procedures for Refugees Entering the United States
The White House announced the implementation of new security procedures for refugees entering the United States. The measures come at the end of a 120-day “pause” on refugee resettlement, while the United States government conducted a thorough review of the existing program.
Presidential Determination on Refugee Admissions for FY2018
Presidential determination on refugee admissions for FY2018, stating that the admission of up to 45,000 refugees shall be allowed and providing regional ceilings. (82 FR 49083, 10/23/17)
Joint Memo to the President on Resuming the Refugee Admissions Program
A joint memo from DOS, DHS, and the Office of the Director of National Intelligence on resuming the United States Refugee Admissions Program with enhanced vetting capabilities, stating that the improvements to the vetting process are adequate to ensure the security and welfare of the United States.
USCIS Provides Revised Guidance for Processing TRIG Cases and Rescission of the Prior Hold Policy
USCIS released revised guidance for processing cases subject to terrorism-related inadmissibility grounds (TRIG) and rescission of the prior hold policy. Guidance is effective immediately and cases with no exemptions available should not remain or be placed on hold absent direction from USCIS HQ.
USCIS Asylum Office Workload for July 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 July 2017.
USCIS Asylum Office Workload for August 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 August 2017.
USCIS Asylum Office Workload for September 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 September 2017.
Credible and Reasonable Fear Workloads for FY2017
USCIS provided credible and reasonable fear reports for FY2017, including a summary and the inland and port of entry caseloads. Each report is broken down by month, as well as by office, and includes information on the status of the cases. Also included are nationality reports.
House Members Ask White House to Increase Refugee Admission for FY2018
On 10/18/17, over 100 House members urged the president to reconsider his determination and establish a minimum refugee admission level of 110,000 from 45,000 for FY2018.
Volunteering in Family Detention – Saving One Family at a Time
I volunteered a week in Dilley, Texas, at the South Texas Family Residential Center to give back to the immigrant community and the most vulnerable. While I was there, I also learned more about asylum law, which has made me a better lawyer. Here's what I saw and learned: