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
S. 608: A Bill to Nullify the Effects of the Executive Order on Visa Issuance/Screening and Refugees
On 3/13/17, Senator Feinstein (D-CA) introduced S. 608, a bill to rescind President Trump’s Executive Order 13780, entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” Thirty-eight other senators co-sponsored the bill.
DOS Announcement and FAQs on Implementation of March 6 Executive Order
DOS posted an updated announcement and FAQs on the implementation of the 3/6/17 Executive Order, which becomes effective at 12:01 am (ET) on 3/16/17. DOS does not plan on cancelling any previously scheduled visa appointments and no visas issued prior to the effective date will be revoked.
AILA Summary of Trump Memorandum Implementing Immediate Heightened Screening
AILA issued a summary of the 3/6/17 presidential memorandum calling for heightened screening of applications for immigration benefits, rigorous enforcement of all inadmissibility grounds, and monitoring compliance of related laws after admission.
Senators Urge President Trump to Rescind Travel Ban
On 3/10/17, Senator Richard Blumenthal (D-CT), along with eight other senators, signed a letter calling for President Trump to rescind his Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
134 Foreign Policy Experts Denounce Revised Travel Ban Executive Order
134 foreign policy experts state, “We are deeply concerned that the March 6, 2017 executive order halting refugee resettlement and suspending visa issuance and travel from six Muslim-majority countries will, like the prior version, weaken U.S. national security and undermine U.S. global leadership.”
H.R. 1503: Statue of Liberty Values Act of 2.0 (SOLVE Act)
On 3/10/17, Representative Zoe Lofgren (D-CA) introduced the SOLVE Act 2.0, which aims to defund and void President Trump’s Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” One hundred seventy-two Democratic members co-sponsored the bill.
DOS Cable to Visa-Issuing Posts with Guidance on Executive Order 13780
DOS issued a cable with guidance to visa-issuing posts regarding the implementation of Executive Order 13780. Cable includes note that guidance should not be implemented until authorization is sent via a subsequent cable, due to ongoing litigation.
Immigrant Rights Groups File Class Action Lawsuit Challenging Trump’s Executive Order Targeting Muslims and Refugees
Plaintiffs filed an amended complaint asking the court to certify a nationwide class of plaintiffs and enjoin the government from applying sections of Executive Order 13780, which replaces Executive Order 13769, to the proposed class members. (Ali, et al. v. Trump, et al., 3/10/17)
Practice Pointer: Best Practices for Following Up on Cases Subject to TRIG Hold and Procedures to Submit Additional Evidence
AILA provides a practice pointer detailing the follow up procedures for cases subject to a TRIG hold, and the address and procedures by which additional documents can be submitted for TRIG exemption consideration. Guidance was provided by the TRIG Unit at the 11/15/16 quarterly stakeholder event.
Presidential Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the United States
A copy of Executive Order 13780, signed by President Trump on March 6, 2017, titled Protecting the Nation from Foreign Terrorist Entry Into the United States. Executive Order 13769 of January 27, 2017, is revoked as of the effective date of this order. (82 FR 13209, 3/9/17)
CA9 Finds Homosexual Asylum Seeker from Mexico Established Past Persecution
The en banc court granted the petition for review of the BIA’s denial of asylum to a homosexual citizen of Mexico who asserted that Mexican officials were unable or unwilling to protect him from harm by private individuals due to his sexual orientation. (Bringas-Rodriguez v. Sessions, 3/8/17)
CA2 Defers to BIA’s Decision in Matter of F-P-R- to Calculate Asylum Applicant’s “Last Arrival” into the United States
The court held that petitioner’s rebuffed effort to enter Canada from the United States after being illegally present in the United States counted as his “last arrival,” thus giving him an additional one year from that date to file an asylum application. (Linares-Urrutia v. Sessions, 3/7/17)
DOJ/DHS Letter to White House on Need for Review of Risks to Immigration System
A 3/6/17 letter from Attorney General Sessions and DHS Secretary Kelly requesting a “thorough and fresh review of the particular risks to our Nation’s security from our immigration system…. [and] a temporary pause on the entry of nationals from certain countries to allow this review to take place.”
Statement by DHS Secretary on President’s Executive Order
DHS Secretary John Kelly issued a statement on the Executive Order signed by President Trump on March 6, 2017.
AILA: No Matter How Written, a Muslim and Refugee Ban Won’t Make U.S. Safe
AILA denounced President Trump’s rewritten Executive Order, effective March 16, 2017, which is again based on the false premise that barring Muslims and refugees from coming to America will make the country safer.
DOS Statement on Executive Order signed on March 6, 2017
DOS issued a statement with information on the implementation of the Executive Order signed on March 6, 2017. The Executive Order becomes effective March 16, 2017, and states that no visa issued before its effective date will be revoked pursuant to the Order.
AILA Quicktake #192: Revised Executive Order
AILA's Director of Advocacy Greg Chen looks at the revised version of President Trump's Executive Order banning Muslims and refugees that will be implemented on March 16, 2017.
Summary of Second Trump Executive Order on Visa Issuance/Screening and Refugees
AILA issued a summary of the 3/6/17 Executive Order issued by President Trump, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Effective 3/16/17, this Order revokes and replaces the Executive Order with the same name dated 1/27/17.
PowerPoint Presentation on Refugee Claimants to Canada from the United States
The Canadian Council for Refugees provided a PowerPoint presentation on refugee claimants to Canada from the United States, including an overview of the refugee claims process and realities and future prospects for these individuals.
Affirmative Asylum Scheduling Bulletin (3/6/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 3/6/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
DHS Q&As: Protecting the Nation from Foreign Terrorist Entry to the United States
DHS Q&As regarding the Executive Order issued on March 6, 2017, revising the previous January 27, 2017, Executive Order on the travel ban.
Fact Sheet: Protecting the Nation From Foreign Terrorist Entry To The United States
DHS fact sheet regarding the Executive Order issued on March 6, 2017, revising the previous January 27, 2017, Executive Order on the travel ban.
Letter to EOIR: Atlanta Immigration Court Judges Fail to Uphold Ethical Standards
A 3/2/17 letter from the Southern Poverty Law Center and Emory University School of Law with findings of observations of the Atlanta Immigration Court, stating that Atlanta Immigration Court judges are failing to uphold ethical standards that ensure immigrants receive fair and impartial treatment.
EOIR Releases FY2016 Statistics Yearbook
EOIR released its FY2016 statistics yearbook with data on cases before immigration courts, BIA, and OCAHO, as well as appeals of IJ decisions to the BIA. The data includes information on respondents’ cases by naturalization, language, and disposition, and provides asylum case information.
EOIR Releases Asylum Statistics for FY2012 Through FY2016
EOIR released statistics on asylum cases received, granted, denied, abandoned, withdrawn, and “other,” from FY2012 through FY2016. Statistics also included information broken down by nationality.