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
BIA Finds Bangladesh Nationality Party Not a Tier III Terrorist Organization
Unpublished BIA decision holds that Bangladesh Nationalist Party (BNP) is not a “Tier III” terrorist organization. Special thanks to IRAC. (Matter of S-I-B-, 12/16/16)
Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 2
(This is part two of a two part blog post; the first part can be found by following this link. Please note that all client names are pseudonyms) As of October 31, 2016, there were more than 521,000 cases pending in our nation's immigration courts - the most ever. By comparison, just 10 years ago, [&
Asylum Backlogs Wreak Havoc with Our Clients’ Lives, Part 1
(This is part one of a two part blog post; to read part two, please follow this link. Please note that all client names are pseudonyms) Sitting across the conference room table from Imani, we broke the bad news. “We are so sorry, but your hearing tomorrow is cancelled. It's been rescheduled to the e
TRAC Report Finds Denials of Asylum by IJs Continued to Rise in FY2016
This TRAC report found that, as of the end of September 2016, overall asylum denial rates for FY2016 had risen to 57 percent. The report also found that, over the last ten years, the unrepresented proportion of asylum cases decided had grown from 13 percent to 20 percent.
BIA Says an Untimely Asylum Application Can Be Found Frivolous Under INA §208(d)(6)
The BIA held that an untimely asylum application may be found frivolous, and concluded respondent’s asylum application was frivolous because he deliberately made a false statement postdating his date of entry into the U.S. by more than two years. Matter of M-S-B-, 26 I&N Dec. 872 (BIA 2016)
CARA Family Detention Project Lauds Ruling to Deny Child Care Licensing to Immigration Detention Centers
The CARA Family Detention Project highlights Texas Judge Karin Crump’s ruling that childcare licenses could not be issued for the Karnes City and Dilley, Texas, family detention centers. While the government has appealed her decision, the CARA project partners call for the end to family detention.
BIA Reverses IJ’s Denial of Asylum to Salvadoran Woman Who Suffered Abuse by Ex-Husband
Unpublished BIA decision reverses IJ’s denial of asylum, finding that discrepancies did not undermine the asylum claim or support an adverse credibility determination of the Salvadoran respondent, who had suffered abuse by her ex-husband. Courtesy of Andres Lopez. (Matter of –, 12/8/16)
BIA Sustained Appeal, Finding Respondent Demonstrated Past Persecution by Ex-Husband
In an unpublished decision, the BIA found that membership in the particular social group of “El Salvadoran women who are unable to leave their domestic relationships where they have children in common,” was at least one central reason for the spousal abuse. (Matter of A-B-, 12/8/16)
CA9 Says BIA Should Have Corrected IJ's Erroneous Inference That Killings Are Not Torture
The court found that the BIA incorrectly upheld the IJ’s inference that killing does not constitute torture, and remanded for the BIA to reconsider the petitioner’s Convention Against Torture (CAT) claim in light of this recognition. (Reyes v. Lynch, 11/30/16)
TRAC Report Finds Asylum Outcome Increasingly Depends on Judge Assigned
This TRAC report finds that, nationally, the average decision disparity in asylum cases worsened by 27 percent during the last six years. Overall, the median level of asylum decision disparity that asylum seekers face is now over 56 percentage points.
Immigration Law Advisor, November 2016 (Vol. 10, No. 8)
The November 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a discussion of the reception of internet sources in immigration proceedings, as well as summaries of circuit court decisions from October 2016 and BIA precedent decisions.
Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases
The Appleseed Network released a resource to help new and experienced attorneys, which provides an overview of immigration court proceedings, as well as specific sections on working with clients in detention, working with DHS and DOJ, and reporting immigration judge and DHS attorney misconduct.
CRS Report on Refugee Admissions and Resettlement Policy
The Congressional Research Service issued a report with background information on the FY2017 refugee ceiling and allocations, refugee processing priorities, refugee adjudications, and special refugee provisions. The report also includes information on refugee resettlement assistance.
The World is Watching
By now, it is no longer a surprise to learn that many immigration lawyers, and the clients they serve, live in certain “hostile jurisdictions,“ where it is almost impossible to win an asylum case no matter the facts. In places like Atlanta, Georgia, and Charlotte, North Carolina, people seekin
AILA Comments on USCIS Proposed Changes to Form I-589
AILA comments in response to USCIS’s proposed changes to Form I-589, Application for Asylum and for Withholding of Removal, published in the Federal Register on 9/19/16.
AILA EOIR Stakeholder Meeting Minutes (11/17/16)
Unofficial minutes from the 11/17/16 EOIR stakeholder meeting. Topics include staffing and docket information, consistency in following the Immigration Court Practice Manual, use of technology in the courtroom, priority dockets, and increased security measures.
Where Does Family Detention Stand Now?
During the contentious presidential campaign, Hillary Clinton's immigration platform included a promise to end the detention of immigrant families, while President-elect Donald Trump has never specifically addressed the issue of family detention at all. Instead, Trump's website broadly states that a
CA5 Upholds Withholding of Removal Denial to Petitioner Who Feared Persecution in Mexico for Perceived Wealth
The court held that persons believed to be wealthy because they are returning to their home country from the United States do not constitute a sufficiently particular social group to support an application for withholding of removal. (Gonzalez-Soto v. Lynch, 11/14/16)
GAO Report Finding Variation Exists in Outcomes of Asylum Applications
The GAO found that variation exists in outcomes of asylum applications across Immigration Courts and judges and recommends that EOIR develop and implement a system of performance measures. Report found that certain case and judge-related factors are associated with the variation.
AILA Comments on DHS's Retrospective Review of Existing Regulations
AILA provides comments in response to the request for information on the Department of Homeland Security’s (DHS) retrospective review of existing regulations pursuant to Executive Order 13563, “Improving Regulation and Regulatory Review,” issued by the President on January 18, 2011.
USCIS Statistics with Credible and Reasonable Fear Nationality Reports for FY2016
USCIS provides statistics on the top five nationalities for credible fear and reasonable fear interviews for FY2016.
USCIS Statistics on the Credible Fear Workload For FY2016
USCIS provides a credible fear report for FY2016, including a summary and the inland and port of entry caseloads. Each report is broken down by month, as well as by office, and includes the number of cases receipted, interviews conducted, and whether or not fear was established and case closings.
USCIS Statistics on the Reasonable Fear Workload For FY2016
USCIS provides a reasonable fear report for FY2016. Each report is broken down by month, as well as by office, and includes the number of cases receipted, interviews conducted, and whether or not fear was established and case closings.
CA3 Says 18 USC §16(b)’s Definition of “Crime of Violence” Is Unconstitutionally Vague
Applying the U.S. Supreme Court’s decision in Johnson v. United States, the court held that the definition of a “crime of violence” provided in 18 USC §16(b) is void for vagueness under the Due Process Clause of the Fifth Amendment. (Baptiste v. Att'y Gen., 11/8/16)
Don’t Cry, Mommy
After going through security, placing my phone in the locker outside the facility, and relinquishing my driver's license in exchange for a one-day entry badge, I entered the trailer excited and anxious. As a business immigration attorney, though I was outside my comfort zone, I was ready for a new a