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
Documents Relating to Massachusetts Case Challenging Executive Order 13769
The court declined to impose any injunctive relief and did not renew the temporary restraining order that is set to expire on Sunday, February 5, 2017, that was entered on January 29, 2017. (Louhghalam v. Trump, 2/3/17)
CA7 Upholds Denial of Asylum to Ethiopian Petitioner Found to Have Knowingly Supported the OLF Terrorist Organization
The court held that the petitioner, who admitted to having provided material support to the OLF, did not demonstrate by clear and convincing evidence that she did not know, and should not reasonably have known, that the OLF was a terrorist organization. (S.A.B. v. Boente, 2/2/17)
Documents Relating to Oregon Case Challenging Trump's Executive Order Targeting Muslim-Majority Countries (Unite Oregon v. Trump)
Unite Oregon filed a lawsuit in federal court seeking a declaration that the executive order is unconstitutional as applied to lawful immigrants, nonimmigrant, and refugees detained or interrogated at the Portland International Airport and an injunction. (Unite Oregon v. Trump, 2/1/17)
Law Student Perspective: An Indiana Law Student’s Perspective of a Pence-Influenced Immigration Policy
AILA law student member Kristen Coffey offers her insight on upcoming changes to immigration policy under the Trump/Pence administration.
Immigration Law Advisor, January 2017 (Vol. 11, No. 1)
The January 2017 issue of Immigration Law Advisor includes an article on the evolving interpretation of the categorical and modified categorical approaches from Chairez III and Silva-Trevino III, as well as summaries of recent circuit court decisions and BIA precedent decisions.
Presidential Executive Order 13769: Protecting the Nation From Foreign Terrorist Entry Into the United States
A copy of the Executive Order signed by President Trump on January 27, 2017, titled Protecting the Nation From Foreign Terrorist Entry Into the United States. (82 FR 8977, 2/1/17)
USCIS Provides Training Material on TRIG
USCIS provided training material on Terrorism-Related inadmissibility Grounds (TRIG). Special thanks to David Cleveland.
Standing Firm Against Discrimination
The past 100+ hours have certainly been the most tumultuous we as immigration practitioners have seen in a long while. I could write another article or blog post about how many concerns we as lawyers have with the Executive Orders (EO) or how they were abruptly rolled out but that just keeps us stuc
BIA Remands Record Because IJ Failed to Inquire Into Fear of Return
Unpublished BIA decision remands record because IJ failed to ask whether respondent feared returning to Guatemala and relied on assertion in Form I-213 that she did not express fear of persecution when apprehended at border. Special thanks to IRAC. (Matter of Godinez-Perez, 1/31/17)
S. 240: To Nullify the Effects of the Executive Order on Visa Issuance/Screening and Refugees
On 1/30/17, Senator Feinstein (D-CA) introduced a bill to rescind President Trump’s Executive Order (EO) barring immigrants and refugees from seven predominantly Muslim countries. The bill was co-sponsored by 37 senators.
DOJ Statement on Appointment of Dana Boente as Acting Attorney General and Enforcement of Executive Order
DOJ statement announcing the appointment of Dana J. Boente to replace Sally Q. Yates as acting Attorney General and Boente’s rescission of Yates’s 1/30/17 letter regarding enforcement of President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.”
AILA Quicktake #187: AILA Responds to Trump’s Executive Orders
AILA Executive Director Benjamin Johnson provides updates on how President Trump’s Executive Order targeting Muslims and refugees impacted those traveling this weekend, how AILA has responded, and what members can do.
Former National Security Leaders and Experts Oppose President Trump’s Executive Order Banning Muslims and Refugees
A 1/30/17 letter from former cabinet Secretaries, senior govt officials, and intelligence community professionals expressing deep concern with the EO, it “not only jeopardizes tens of thousands of lives, it causes a crisis right here in America and will do long-term damage to our national security.”
DHS Statements on the Entry of LPRs and Compliance with Court Orders and Executive Orders
USCIS published two DHS statements regarding the entry of lawful permanent residents (LPRs) and compliance with court orders regarding President Trump’s Executive Orders.
Statement by President Trump on Executive Order Suspending Visa Issuance for Seven Countries
Statement by President Trump on his 1/27/17 executive order regarding suspension of visa issuance for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
DHS Fact Sheet: "Protecting the Nation from Foreign Terrorist Entry to the United States"
DHS issued a fact sheet on how the provisions of the 1/27/17 Executive Order entitled “Protecting the Nation From Foreign Terrorist Entry into the United States” will be implemented.
DHS Response to Recent Litigation Regarding Executive Orders
DHS press release stating that it will continue to enforce all of President Trump’s Executive Orders and that “prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time…”
Summary and Analysis of Trump Executive Order on Visa Issuance/Screening and Refugees
AILA and the American Immigration Council issued a summary and analysis of the January, 27, 2017, Executive Order issued by President Trump, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
CBP Guidance Regarding Implementation of EO 13769 Travel Ban Obtained Via FOIA
Documents and field guidance, obtained via FOIA, relating to the implementation of the travel ban provisions of Executive Order 13769, signed by President Trump on January 27, 2017, including communications between CBP and field staff.
AILA/Council Summary and Analysis of Trump Executive Order on Border Security and Enforcement
AILA and the American Immigration Council’s summary and analysis of the January 25, 2017, Executive Order, “Border Security and Immigration Enforcement Improvements.” This document will be updated as information is available. A section-by-section summary and analysis follows the executive summary.
USCIS Asylum Office Workload for November 2016
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 November 2016.
USCIS Asylum Office Workload for December 2016
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 December 2016.
USCIS Asylum Office Workload for October 2016
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 October 2016.
CA5 Remands for Reconsideration of CAT Claim of Petitioner Whose Family Members Were Murdered by the Zetas Drug Cartel
The court held BIA erred in failing to consider whether petitioner’s evidence of active participation by public officials under color of law showed he was more likely than not to be tortured “by” or with “consent of” government officials. (Iruegas-Valdez v. Yates, 1/23/17, revised 3/24/17)
CA10 Upholds Denial of Asylum to Christian Chinese Petitioner Who Claimed He Was Persecuted for His Religious Beliefs
The court upheld the BIA, finding that the petitioner failed to show that a reasonable factfinder would be compelled to conclude he suffered past persecution, and that the BIA’s finding was supported by substantial evidence and the court’s precedents. (Xue v. Lynch, 11/25/16, amended 1/23/17)