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
USCIS Message: Workload Transfer and Filing Location Updates
USCIS message that it began sending Forms I-765 filed by applicants with a pending asylum application from the NSC and the TSC to the Potomac Service Center in order to balance workloads. USCIS also changed the direct filing address for certain Form I-140 cases requesting premium processing.
CA7 Remands Withholding of Removal Claim of HIV-Positive Petitioner from Honduras
The court found that IJ erred in suggesting that petitioner would be safe in Honduras if he kept secret his HIV status, and also that IJ overlooked key testimony that petitioner would be unable to hide his HIV status and would be persecuted in Honduras. (Velasquez-Banegas v. Lynch, 1/19/17)
CA9 Says “A Reason” Standard Should Apply to Claims for Withholding of Removal
The court granted the petition for review, holding that the BIA erred in applying the REAL ID Act’s “one central reason” nexus standard, rather than the less demanding “a reason” standard, to the petitioner’s application for withholding of removal. (Barajas-Romero v. Lynch, 1/18/17)
Complaint Filed as Customs and Border Protection Turns Away Asylum Seekers
AILA and other immigrant and civil rights groups called on the DHS Office for Civil Rights and Civil Liberties and the DHS Office of the Inspector General to investigate reports that asylum seekers were denied entry despite having asserted a fear of returning to their home countries.
Affirmative Asylum Scheduling Bulletin (1/18/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 1/18/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
Change in Policy for Cuban Immigrants
I started working in the nonprofit sector in 2008, where I witnessed and helped a slow trickle develop into a healthy stream of Cubans on the West Coast needing representation. They refer to me as “la Chinita.“ The Cubans, just like any other immigrant community, disseminate news amongst each
Sign-On Letter to IACHR Requesting Hearing on Access to Asylum in the U.S.
On 1/15/17, AILA joined other organizations in requesting a thematic hearing during the Inter-American Commission on Human Rights’ (IACHR) 161 Period of Sessions on measures taken by or at the request of the U.S. that impede access to asylum and interfere with the right to family life.
CRCL Complaint on CBP’s Systemic Denial of Entry to Asylum Seekers
AILA and partner organizations filed a complaint with the Office for Civil Rights and Civil Liberties and the DHS Office of Inspector General for individuals denied entry at ports of entry along the border despite having asserted a fear of returning to their countries or an intention to seek asylum.
Why All the Worry Over Senator Sessions as Attorney General?
The veterans among us know all too well the vast power that the Attorney General of the United States (AG) has in immigration matters, but for those who are new to the practice of immigration law, or just interested members of the press or public, here is a primer on the power of this office […
CA7 Affirms Denial of Asylum to Petitioner Who Claimed He Would Face Persecution by Gangs in El Salvador
The court affirmed the BIA’s denial of asylum, finding that the petitioner did not present evidence supporting his argument that, as a long‐time resident of the United States, he would be perceived in El Salvador as wealthy and face persecution by gangs if removed. (Rivera v. Lynch, 1/12/17)
NSC Liaison Q&As on Refugee/Asylee Issues (1/12/17)
The NSC Liaison Committee’s official Q&As from the 1/12/17 teleconference relating to refugee and asylee issues. Topics include: processing delays, the transfer of I-765 applications to the PSC, adjudications of I-730s abroad, the process for following up on an unreceived RFE, and more.
BIA Solicits Amicus Briefs on the Material Support Bar
The BIA is looking for amicus curiae briefs on the question of whether the word “material” in INA §212(a)(3)(B)(iv)(VI) has an independent meaning and assuming there is a de minimis exception to the material support bar, does that exception apply to contributions of money. Briefs are due by 2/8/17.
USCIS Message: Affirmative and Defensive Asylum Biometrics Appointment Scheduling
USCIS message that the USCIS Asylum Division is transitioning to a new biometrics scheduling process and the new ASC biometrics notices will include a specific appointment date and time. Some notices were sent in December 2016, and a full transition for Form I-589/I-881 filings will occur in 2017.
CA7 Upholds Denial of Asylum to Liberian Citizen Alleged to Have Provided Material Support to Terrorist Organization
The court held that BIA and IJ did not err in finding they lacked jurisdiction to consider petitioner’s §13 application for adjustment, and found that BIA did not err in concluding that petitioner provided material support to a terrorist organization in Liberia. (Jabateh v. Lynch, 1/5/17)
CA8 Affirms Denial of Motion to Reopen After Finding Petitioner Failed to Establish Changed Country Conditions in Guatemala
The court concluded that the petitioner’s claim that there was increased violence in Guatemala was not sufficient to establish a material change in country conditions in Guatemala that would warrant reopening of his removal proceedings. (Villatoro-Ochoa v. Lynch, 1/4/17)
CA1 Finds Substantial Evidence Supported BIA’s Reliance on Asylum Applicant’s DHS Interview
The court held that substantial evidence supported the adverse credibility determination, finding that BIA and IJ did not err in relying on petitioner’s DHS Interview, during which petitioner omitted any mention of past persecution or a fear of future persecution. (Xian Jing v. Lynch, 1/4/17)
CA7 Reverses Finding That Petitioner’s Asylum Application Was Frivolous
The court found that substantial evidence supported the IJ’s and BIA’s conclusions that the petitioner was not credible, but held that substantial evidence did not support a finding that petitioner deliberately fabricated material elements of his asylum application. (Wang v. Lynch, 1/3/17)
CA7 Reverses Denial of Asylum to Petitioner Who Claimed She Suffered Persecution Under China’s Family Planning Policies
The court found that the IJ failed to make a finding as to whether the Chinese petitioner actually had at least one forced abortion in China, which would have automatically entitled her to a rebuttable presumption of a well-founded fear of future persecution. (Xiang v. Lynch, 1/3/17)
DHS Provides Female Genital Mutilation or Cutting Outreach Strategy
DHS provided a memo with its outreach strategy for Female Genital Mutilation or Cutting (FGM/C), drafted as a project of the DHS Council on Combatting Violence Against Women. Included is ICE and USCIS training for immigration officers and agents on laws and immigration benefits relating to FGM/C.
DOJ Employment Rights and Resources for Refugees and Asylees
DOJ’s Immigrant and Employee Rights Section provided a flyer on employment rights and resources for refugees and asylees including what forms need to be completed and what to expect after hiring as well as protections against discrimination and unfair treatment.
CA1 Upholds Finding That Honduran Asylum Applicant Failed to Submit Adequate Corroborating Evidence
The court denied the petition for review, holding that the asylum applicant petitioner, a Honduran national, failed to submit readily available corroborating evidence, and thus did not carry his burden of proving eligibility for relief. (Rivera-Coca v. Lynch, 12/30/16)
Immigration Law Advisor, December 2016 (Vol. 10, No. 9)
The December 2016 issue of Immigration Law Advisor includes an article on what Johnson v. United States might mean for the INA’s crime of violence aggravated felony provision, as well as summaries of circuit court decisions from November 2016 and BIA precedent decisions.
CA9 Upholds Denial of Asylum to Mongolian Whistleblower
Applying the three-factor framework of Matter of N–M–, the court denied the petition brought by a Mongolian citizen who sought asylum and other relief based on his whistleblowing of corruption by a privately-owned former employer. (Lkhagvasuren v. Lynch, 7/13/16, amended 12/30/16)
USCIS 30-Day Extension of Comment Period on Revisions to Form I-589
USCIS is extending the comment period on proposed revisions to Form I-589, Application for Asylum and for Withholding of Removal, by 30 days. Comments are now due by 1/30/17. (81 FR 96029, 12/29/16)
A Guide to Assisting Asylum-Seekers with In Absentia Removal Orders
The Asylum Seeker Advocacy Project (ASAP) at the Urban Justice Center and CLINIC prepared a guide on Motions to Rescind and Reopen for advocates working to prevent the deportation of families who crossed the U.S.-Mexico border seeking asylum and have been ordered removed in absentia by an IJ.