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
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Unpublished BIA decision remands for consideration of whether giving $50 to Al-Shabaab qualified as “material” support for terrorism, instructing IJ to consider whether it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
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17)
BIA Holds Texas Statute Not a Crime of Violence
Unpublished BIA decision holds that injury to a child, elderly individual, or disabled individual under Texas Penal Code 22.04(a) is not a crime of violence because it criminalizes omissions rather than intentional uses of force. Special thanks to IRAC. (Matter of J-K-O-, 5/10/17)
Standing Up for One Family and Making a Difference
A few weeks ago, we had a chance to stand up for one Central American family and make a real difference. We, one law professor and one law student, were the latest in a chain of connections that helped ensure that this vulnerable family will have a meaningful chance to claim asylum. Each semester, l
EOIR and USCIS Release Information on the 180-Day Asylum EAD Clock
EOIR and USCIS released information on the 180-day Asylum EAD clock, including what starts and stops the clock, what to do if there is an erroring the calculation of time, and what to do if there is an error in the adjudication of the Form I-765.
The Perils of Expedited Removal: How Fast-Tracked Deportations Jeopardize Asylum Seekers
The American Immigration Council released a report with original testimony to demonstrate that the government’s reliance on “fast-track” deportation methods, such as expedited removal, in conjunction with detention often results in disadvantaging women and their children held in detention centers.
Sign-On Letter Calling on DHS Secretary Kelly to Halt the Expansion of Immigration Detention
On 5/8/17, AILA joined 271 other organizations, urging DHS Secretary John Kelly to halt the expansion of immigration detention and to strengthen rather than lessen standards and monitoring of a system that already endangers the lives and due process rights of asylum seekers and immigrants.
Affirmative Asylum Scheduling Bulletin (5/5/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 5/5/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
Senators Request Information on the Administration of the U.S. Refugee Admissions Program
On 5/4/17, a bipartisan group of 17 members of Congress, led by Senators Shaheen (D-NH) and Lankford (R-OK), sent a letter to DOS and DHS, regarding the current administration of the U.S. Refugee Admissions Program.
KIND Releases Report on Sexual and Gender-Based Violence and Gang Violence in Central America
KIND released a report called “Neither Security nor Justice” examining the relationship between gang violence and sexual and gender-based violence in El Salvador, Honduras, and Guatemala. The report makes recommendations to the U.S. government on how to prioritize aid to Central American countries.
BIA Finds Asylum Applicant Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed serious nonpolitical crime by being forced to deliver drugs and extortion money for a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-A-H-C-, 5/4/17)
BIA Finds Forcible Gang Recruit Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed a “serious nonpolitical crime” by delivering drugs and extortion money at the behest of a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-H-C-, 5/4/17)
CA1 Finds Noncitizens Who Are Subject to Reinstated Orders of Removal May Not Apply for Asylum
The court denied the petition for review, holding that noncitizens who are subject to reinstated orders of removal may not apply for asylum, even though they may be entitled to withholding of removal. (Garcia-Garcia v. Sessions, 5/3/17)
CA3 Says Noncitizen Subject to a Reinstated Removal Order May Not Apply for Asylum
Finding that Congress had not spoken clearly on the issue in the relevant statute, the court gave Chevron deference to the BIA’s statutory interpretation that noncitizens subject to reinstated removal orders are ineligible to apply for asylum. (Cazun v. Attorney General, 5/2/17)
Immigration Law Advisor, March/April 2017 (Vol. 11, No. 3)
The March/April 2017 issue of Immigration Law Advisor includes an article on adverse credibility including evidentiary standards and requirements regarding corroboration, notice, and the right to present evidence, as well as summaries of circuit court decisions and BIA precedent decisions.
CA9 Says Extortion on the Basis of a Protected Characteristic Can Constitute Persecution
The court granted the petition for review, holding that the IJ erred in concluding that extortion could not constitute persecution because extortion, accompanied by the threat of violence, on the basis of a protected characteristic, can constitute persecution. (Ayala v. Sessions, 5/1/17)
USCIS Asylum Office Workload for May 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 May 2017.
CA3 Says BIA Should Review De Novo Whether Petitioner Established Acquiescence Under the CAT
The court held that the BIA did not apply the correct legal standard under the CAT and should have reviewed de novo the IJ’s determination that the Panamanian petitioner could not establish government acquiescence to the torture he feared. (Dutton-Myrie v. Attorney General, 4/28/17)
CA7 Affirms Denial of Asylum to Haitian Petitioner Who Claimed He Was Attacked and Threatened Because of His Political Activity
Affirming the denial, the court upheld IJ’s findings that petitioner’s testimony was vague and inconsistent and without sufficient corroboration, and that he could not show that the Haitian government was unwilling or unable to protect him if he were to return. (Silais v. Sessions, 4/28/17)
Documents Relating to Wisconsin Case Challenging Executive Order Targeting Muslims and Refugees
The plaintiff voluntarily dismissed the action in this case. (Doe v. Trump, 4/28/17)