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
AILA Quicktake #190: Revised Credible and Reasonable Fear Lesson Plans
Author of AILA’s Asylum Primer Dree Collopy shares details from USCIS’s revised Credible Fear and Reasonable Fear lesson plans that went into effect on February 27, 2017, and explains what the changes mean for lawyers.
Internal RAIO Powerpoint on Assessing Children's Claims
Internal RAIO powerpoint on assessing children's claims. Topics include international guidance, cultural and developmental factors, interview considerations, and legal analysis.
CA4 Finds BIA’s Interpretation of INA §209(b) Was Reasonable
The court denied the petition for review, holding that the BIA’s reliance on its precedential decision in Matter of C-J-H-, which held that noncitizens who adjust to LPR status under INA §209(b) do not retain their asylum status, was reasonable. (Mahmood v. Sessions, 2/22/17)
USCIS Releases Asylum Division Training Powerpoint on Gender-Related Claims
USCIS released an internal training Powerpoint on gender-related asylum claims, including types of gender-based harm, factors related to gender that must be considered, factors that may inhibit an applicant's ability to present a gender-related claim, and effective interviewing techniques.
USCIS PowerPoint Presentation on LGBTI and HIV-Related Asylum and Refugee Issues
USCIS provided a PowerPoint presentation by Aaron Morris, Executive Director of Immigration Equality, on LGBTI and HIV-related asylum and refugee issues. Special thanks to David Cleveland.
CA1 Finds BIA Acted Within Its Discretion in Citing Intervening Case Decided After Petitioner Submitted Her Appeal Brief
The court held that it was not improper for the BIA to cite in its decision Matter of A-R-C-G-, which was decided after the petitioner had submitted her appeal brief, and that the BIA had no obligation to permit further briefing. (Cortez Cardona v. Sessions, 2/17/17)
CA8 Upholds Denial of Asylum to Honduran Woman Who Was Abused by Her Former Domestic Partner
The court held that the BIA did not err in concluding that petitioner failed to establish that she was a member of her proposed social group or that the Honduran government would consent to or acquiesce in her mistreatment if she was removed to Honduras. (Fuentes-Erazo v. Sessions, 2/16/17)
Is ICE Making Us Safer or Less Secure?
What is the mission of Immigration and Customs Enforcement (ICE)? Its website states: ICE's mission is to protect America from the cross-border crime and illegal immigration that threaten national security and public safety. This mission is executed through the enforcement of more than 400 federal s
DOS Notice of Comment Period for Affidavit of Relationship for Central American Minors
DOS 60-day notice and comment period on revisions to Form DS-7699, Affidavit of Relationship (AOR) for Minors Who Are Nationals of El Salvador, Guatemala, and Honduras. Comments are due 4/17/17. (82 FR 10850, 2/15/17)
USCIS Q&As from Liaison Teleconference Between AILA and USCIS IO Representatives from Mexico City and San Salvador (2/15/17)
Official Q&As from AILA's LACC chapter’s 2/15/17 teleconference with USCIS’s International Operations Division staff from Mexico City and San Salvador. Topics include general operations, locally filed I-130s, I-601s and I-212s, refugee processing, adoptions, I-407s, transportation letters, and more.
H.R. 724: Statue of Liberty Values Act of 2017
On 1/30/17, Representatives Zoe Lofgren (D-CA) and John Conyers (D-MI) introduced a bill to defund and rescind President Trump’s executive order banning travel from Muslim countries and suspending the refugee program. The legislation was co-sponsored by 179 House Democrats.
USCIS Asylum Division Memo Releasing Revised Credible Fear and Reasonable Fear Lesson Plans
USCIS memo, dated 2/13/17, announcing the release of updated RAIO and Asylum Officer Training Course Lesson plans, Credible Fear of Persecution and Torture Determinations, and Reasonable Fear of Persecution and Torture Determinations.
RAIO and Asylum Division Officer Training Course on Credible Fear of Persecution and Torture Determinations
Updated lesson plan on credible fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course, effective 2/27/17.
RAIO and Asylum Division Officer Training Course on Reasonable Fear of Persecution and Torture Determinations
Updated lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course, effective 2/27/17.
USCIS Executive Summary of Changes to the Reasonable Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on reasonable fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
USCIS Executive Summary of Changes to the Credible Fear Lesson Plan
USCIS summary of changes to the 2/13/17 lesson plan on credible fear of persecution and torture determinations for RAIO and Asylum Division Officer Training Course.
USCIS Asylum Division Revised Credible Fear and Reasonable Fear Lesson Plans
USCIS revised its Credible Fear of Persecution and Torture Determinations and Reasonable Fear of Persecution and Torture Determinations on February 13, 2017. These new lesson plans are effective as of February 27, 2017.
S. 354: Reforming American Immigration for Strong Employment Act
On 2/13/17, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the Reforming American Immigration for Strong Employment (RAISE) Act (S. 354). The bill seeks to end the Diversity Visa Program and reduce the number of family-sponsored immigrants and refugees, among other things.
Council Practice Advisory: Challenging President Trump’s Ban on Entry
The American Immigration Council’s practice advisory, Challenging President Trump’s Ban on Entry, provides information about how the 1/27/17 Executive Order is being implemented, offers resources and practice tips for attorneys whose clients are affected, and outlines existing legal challenges.
CA9 Upholds TRO, Maintains Nationwide Halt on Travel/Refugee Ban
In a per curiam order, the Ninth Circuit denied the federal government’s emergency motion for a stay, finding that it failed to show a likelihood of success on the merits of its appeal and that failure to stay the TRO would cause irreparable injury. (Washington v. Trump, 2/9/17)
House Members Call for Thorough Investigation of Muslim Ban Executive Order Implementation
On 2/8/17, Representative José Serrano (D-NY) and 38 other House members sent DHS Inspector General and CRCL a letter, urging them to investigate the enactment of Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States,” at ports of entry.
Senator Durbin Calls for Hearing on the President’s Immigration and Refugee Executive Orders
On 2/8/17, Senator Dick Durbin (D-NV) called on Senator John Cornyn (R-TX), Chairman of the Immigration Subcommittee, to hold a series of hearings on President Trump’s immigration and refugee executive orders that were signed in January 2017.
USCIS Asylum Division Stakeholder Meeting Q&As (2/7/17)
USCIS provided the agenda and Q&As from the 2/7/17 Asylum Division stakeholder meeting. Topics included staffing updates, a biometrics scheduling update, I-730 asylee relatives, adjustment of status for applicants paroled as refugees, the Bangladesh Nationalist Party, interview wait times, and more.
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)