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
Immigration Law Advisor, July 2017 (Vol. 11, No. 5)
The July 2017 issue of Immigration Law Advisor includes an article on the evolution of the INA’s drug removability statutes pre- and post-Mellouli v. Lynch and a discussion of issues not resolved, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Draft Report on Fiscal Costs of the U.S. Refugee Admissions Program
The New York Times obtained a draft of a study rejected by Trump administration officials that found that refugees brought in $63 billion more in government revenues over the past decade than they cost.
CA1 Upholds Denial of Asylum Claim Based on Changed Country Conditions in Mexico
The court held that the record did not support petitioner’s claim that crime and violence perpetrated by drug trafficking organizations in Mexico represented changed conditions from the time of his merits hearing to the time he filed his motion to reopen. (Sanchez-Romero v. Sessions, 7/26/17)
CA7 Finds Salvadoran Asylum Applicant Failed to Show Nexus Between Persecution and Proposed Social Groups
The court held that the Salvadoran petitioner did not meet his burden of demonstrating a nexus between the alleged persecution he faced from gang members in El Salvador and his proposed social groups of wealthy deportees or gang resisters. (Orellana-Arias v. Sessions, 7/25/17)
AILA Statement Opposing Asylum Reform and Border Protection Act of 2017
On 7/25/17, AILA submitted a statement opposing H.R. 391, Asylum Reform and Border Protection Act of 2017, which would dramatically alter U.S. asylum and humanitarian protection law. The bill is scheduled for markup before the House Judiciary Committee on 7/26/17.
Senator Feinstein Seeks Information from DHS on Asylum Process at the Border
On 7/24/17, Senate Judiciary Committee Ranking Member Dianne Feinstein (D-CA) requested that DHS Secretary John Kelly detail the agency’s efforts to follow federal law requiring that those seeking asylum be given the opportunity to appear before an immigration judge.
CA9 Upholds BIA’s Denial of Withholding of Removal and CAT Relief to Former Police Officer in Mongolia
The court upheld BIA’s determination that the Mongolian petitioner was targeted because of his role in a drug-trafficking investigation, and not on account of his political opinion, his purported whistleblowing activity, or his status as a former police officer. (Sanjaa v. Sessions, 7/21/17)
DHS FAQs on Implementation of EO 13780
DHS provided updated FAQs, as of 7/21/17, on the implementation of EO 13780, including who is subject to the suspension of entry, impact on dual citizens, traveling from one of the six affected countries, waivers, unaccompanied minors, USCIS processing of refugee applicants, and more.
There’s Always More to Learn
When I first began practicing law, I thought I knew everything I could ever need to know about immigration. I'd been a business immigration paralegal for several years before law school and had learned a lot about nonimmigrant visas and employment-based green cards. I'd assisted with processing th
Experts Urge Secretary Tillerson to Keep Refugee Program Within DOS
On 7/16/17, former diplomats and national security advisors urged DOS Secretary Rex Tillerson to keep the U.S. refugee admissions program within the Department of State’s (DOS) Bureau of Population.
One Road to Immigration Law
True confession: I did not take immigration law in law school and I took Latin as my foreign language class. AILA members, reading that, I'm sure you just groaned. But the fact was, I did not become an attorney to practice immigration law. About 20 years ago though, my life took a happy turn and [&
Affirmative Asylum Scheduling Bulletin (7/13/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 7/13/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
AILA Quicktake #209: Council Sues U.S. Government for Turning Away Asylum Seekers
American Immigration Council staff attorney Caroline Walters shares details of the lawsuit filed July 12, 2017, that charges that the government violated individuals' rights to seek asylum and lays out what comes next.
Challenging CBP’s Unlawful Practice of Turning Away Asylum Seekers
The American Immigration Council, along with the Center for Constitutional Rights and Latham and Watkins, LLP, filed a class action lawsuit challenging CBP’s unlawful practice of turning away asylum seekers who present themselves at ports of entry. (Al Oltro Lado, Inc. v. Kelly, 7/12/17)
CA7 Finds Adverse Credibility Finding Against Moldovian Asylum Applicant Was Arbitrary and Capricious
The court granted the petition for review and remanded, holding that discrepancies in petitioner’s testimony on which the IJ relied were so trivial or illusory as to give the court no confidence in her analysis or in the BIA’s decision resting on that analysis. (Cojocari v. Sessions, 7/11/17)
CA8 Upholds Denial of Ethiopian Petitioner’s Asylum Claim Based on Political Opinion
The court held that the harms petitioner pointed to as evidence of past persecution, including his three-month detention in a military camp and threats he received after a trip to the United States, did not compel the finding that he experienced past persecution. (Baltti v. Sessions, 7/10/17)
Executive Disorder: Ethical Challenges for Immigration Lawyers under the Trump Administration
While it was impossible to predict just how rough things would get, this article discusses ethical rules to consider when your client comes under attack and you must practice more defensively. Read this article from AILA’s PPC to reaffirm the rules and practices you should be implementing.
BIA Holds Adjustment from Refugee to LPR Status Not an “Admission”
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 B-V-N-, 7/5/17)
CA9 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Determination
The court held that substantial evidence supported the IJ’s adverse credibility determination based on anomalies in the petitioner’s supporting documentation, her vague testimony, and her failure to submit sufficient reliable corroborating evidence. (Wang v. Sessions, 7/3/17)
The Muslim Travel Ban: What Is the Impact of the Supreme Court’s June 26, 2017, Decision
The American Immigration Council provides a practice advisory on the Supreme Court’s 6/26/17 decision and details how DOS and DHS are implementing those portions of Executive Order 13780 that are no longer enjoined.
DOS Fact Sheet: Information Regarding the U.S. Refugee Admissions Program
DOS provided a fact sheet on the U.S. refugee admissions program as impacted by the Supreme Court decision on EO 13780, stating that a formal assurance from a resettlement agency is not a qualifying relationship and that refugees scheduled for travel through 7/6/17 will be permitted to travel.
Immigration Law Advisor, May/June 2017 (Vol. 11, No. 4)
The May/June 2017 issue of Immigration Law Advisor includes an article with an overview of the breadth and depth of the stop-time rule from IIRIRA and cancellation of removal, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Will Government Employees Show Some Moxie in the Immigration Struggle?
In case you haven't noticed, advocates for immigrants and favorable immigration policies in this country are at war with the current administration in Washington. And, for those who think the attitude in Washington will change in the next four to eight years, think again. Unfortunately, negative att
DOS Background Briefing on the Implementation of EO 13780
DOS background briefing with senior administration officials on the implementation of EO 13780. Of note, DOS notes that a resettlement agency providing a formal assurance for refugees seeking admission is not sufficient, in and of itself, to establish a bona fide relationship under the ruling.
DHS Announces Implementation of Travel Restriction Provisions of EO 13780
DHS issued a statement on the implementation of certain travel restriction provisions in EO 13780, including a list of individuals who the travel restrictions will not apply to.