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
CA10 Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions
The court held that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C), and found that the BIA abused its discretion by denying the petitioner’s motion to reopen. (Qiu v. Sessions, 9/11/17)
CA9 Affirms District Court’s Modification of Preliminary Injunction Against EO 13780
The court affirmed the district court’s order modifying its preliminary injunction against Sections 2 and 6 of Executive Order 13780, preventing the government from applying EO 13780 to exclude certain close relatives of persons in the U.S. and certain refugees. (Hawaii v. Trump, 9/7/17)
Amicus Brief of National CIS Council 119 Supporting Challenges to Suspension of the Refugee Program
National CIS Council 119, a labor organization representing over 11,000 USCIS employees, filed an amicus brief in Trump v. IRAP and Trump v. Hawaii providing an overview of the process for vetting refugees and stating that “robust and exhaustive” procedures are already used.
CA10 Says Noncitizens with Reinstated Removal Orders Are Not Eligible for Asylum
The court held that the Attorney General’s interpretation of the “withholding-only rule” to mean that illegal reentrants with reinstated removal orders are not eligible for asylum was reasonable and entitled to Chevron deference. (R-S-C v. Sessions, 9/6/17)
CA3 Finds Bangladesh National Party Is Not a Tier III Terrorist Organization
The court found that unless the BIA finds that party leaders authorized terrorist activity committed by its members, an entity such as the Bangladesh National Party cannot be deemed a Tier III terrorist organization. (Uddin v. Att’y Gen., 9/6/17)
FOIA Response for Guidance Related to Sworn Statements at Local USCIS Field Offices
In response to AILA’s FOIA request, USCIS provides a portion of the USCIS Policy Manual that show USCIS guidance for taking and providing copies of sworn statements at benefits interviews at local USCIS offices.
Settlement Reached Regarding Certain Individuals Found Inadmissible Due to Executive Order 13769
A settlement agreement was reached that requires the government to send letters to certain individuals found inadmissible solely due to EO 13769 and to coordinate the processing of new visa applications for those identified who wish to return to the U.S. (Darweesh v. Trump, 8/31/17)
CA3 Says Procedural Requirements in 8 CFR §1003.2(c) Apply to Motions to Reopen Involving CAT Protection
The court denied the petition for review, holding that the 90-day time bar contained in 8 CFR §1003.2(c) applies to motions to reopen removal proceedings based on a request for withholding of removal under the Convention Against Torture. (Bamaca-Cifuentes v. Att’y Gen., 8/29/17)
BIA Recognizes PSG Involving Indigent Mexicans with Mental Illness
Unpublished BIA decision holds that “indigent Mexicans without familial support and with chronic and perceptible mental illness involving psychosis” is a cognizable particular social group (PSG). Special thanks to IRAC. (Matter of E-D-H-, 8/29/17)
Winning Cases – Good for the Client and the Attorney
Fighting the government is a time-honored tradition for removal attorneys, and often a motivation for joining this field, right?? None of us daydreamed in law school of triumphantly signing joint motions to terminate without prejudice to pursue adjustment of status. Nonetheless, successful practice
USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants
Effective 10/1/17, USCIS will expand in-person interviews for certain permanent residency applicants. USCIS will phase-in interviews for adjustment of status applications based on employment and refugee/asylee relative petitions. USCIS notes it plans to expand interviews to other benefit types.
Trump Administration Endangers Children While Pretending to Fight Trafficking
Children deserve to be safe. When they flee for their lives and come to the United States, our laws require that the government place them in safe situations, usually with family, as they pursue asylum or other humanitarian protection. But right now, the federal government is endangering children a
CA3 Grants Withholding of Removal to Honduran Petitioner on Account of Political Opinion
Based on the entire record, the court granted withholding of removal to the petitioner, finding that it was more likely than not that the petitioner’s life or freedom would be threatened in Honduras on account of his political opinion. (Mendoza-Ordonez v. Att’y Gen., 8/23/17)
How Does U.S. Immigration Law Treat Trafficking Victims?
We have all read the news. Federal prosecutors have charged the driver of a truck with transporting people who are in the country illegally. Tragically, ten people died and dozens were hospitalized as they were trapped in a trailer in the Texas heat with no cooling system, no water, and no fresh air
USCIS Message: Workload Transfer for Some Form I-765
USCIS announced that on 8/17/17, it began transferring Form I-765, Application for Employment Authorization, filed by some applicants with a pending asylum application seeking a renewal Employment Authorization Document from the NSC to the TSC.
CA4 Says Individuals Subject to Reinstated Removal Orders May Not Apply for Asylum
The court held that an individual subject to a reinstated removal order is ineligible to seek asylum, finding that by enacting the reinstatement bar, Congress intended to preclude individuals subject to reinstated removal orders from applying for asylum. (Calla Mejia v. Sessions, 8/9/17)
ACLU and Center for Gender & Refugee Studies Reach FOIA Settlement Agreement with ICE
The ACLU and the Center for Gender & Refugee Studies reached a settlement agreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. (ACLU v. ICE, 8/8/17)
Immigration Lawyers Save Lives
I took part in the AILA Annual Conference training for new chapter chairs, and as an ‘icebreaker,' was asked to complete phrases handed out on little slips of paper. Mine read, “The best way to save….“ I immediately responded, “One way to save a life is to be an immigration lawyer.“
BIA Says Asylum Grantee Who Adjusts to LPR Status Under INA §209(b) Terminates His or Her Asylee Status
The BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017)
USCIS Message: Workload Transfer for Some Form I-765
USCIS announced that on 8/1/17, it began transferring Form I-765, Application for Employment Authorization, filed by some applicants with a pending asylum application seeking an initial Employment Authorization Document from the NSC to the TSC.
S. 1720: Reforming American Immigration for a Strong Economy (RAISE) Act
On 8/2/17, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the Reforming American Immigration for a Strong Economy (RAISE) Act, which would create a skills-based immigration points system, end the Diversity Visa Program, and reduce the number of family-based immigrants and refugees.
UNHCR: Representing Stateless Persons Before U.S. Immigration Authorities
The UN Refugee Agency provides a legal practice resource to empower immigration lawyers to recognize when a U.S.-based client is stateless and how to zealously represent such clients and the unique challenges and potential eligibilities in the immigration context.
CA4 Finds Petitioner’s Membership in Her Nuclear Family Was Not a Central Reason for Her Persecution
Where petitioner contended in her asylum petition that her alleged persecution was on account of her status as a member of her nuclear family, the court held that she failed to show that family status was a reason, central or otherwise, for her difficulties. (Velasquez v. Sessions, 7/31/17)
CA8 Finds Substantial Evidence Supported BIA’s Denial of Asylum to Citizen of Togo
The court denied the petition for review, holding that the IJ’s adverse credibility finding was rooted in numerous inconsistencies between the petitioner’s testimony and the record, the implausibility of certain events, and a lack of corroborating evidence. (Kegeh v. Sessions, 7/31/17)
GAO Report: Actions Needed by State Department and DHS to Further Strengthen Refugee Applicant Screening Process and Assess Fraud Risks
The GAO issued a report on the refugee screening process, finding that DOS and USCIS have mechanisms in place to detect and prevent applicant fraud in USRAP, such as requiring DNA testing for certain applicants, but have not jointly assessed applicant fraud risks program-wide.