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
CA9 Says Extortion on the Basis of a Protected Characteristic Can Constitute Persecution
The court granted the petition for review, holding that the IJ erred in concluding that extortion could not constitute persecution because extortion, accompanied by the threat of violence, on the basis of a protected characteristic, can constitute persecution. (Ayala v. Sessions, 5/1/17)
Immigration Law Advisor, March/April 2017 (Vol. 11, No. 3)
The March/April 2017 issue of Immigration Law Advisor includes an article on adverse credibility including evidentiary standards and requirements regarding corroboration, notice, and the right to present evidence, as well as summaries of circuit court decisions and BIA precedent decisions.
USCIS Asylum Office Workload for May 2017
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 May 2017.
CA3 Says BIA Should Review De Novo Whether Petitioner Established Acquiescence Under the CAT
The court held that the BIA did not apply the correct legal standard under the CAT and should have reviewed de novo the IJ’s determination that the Panamanian petitioner could not establish government acquiescence to the torture he feared. (Dutton-Myrie v. Attorney General, 4/28/17)
CA7 Affirms Denial of Asylum to Haitian Petitioner Who Claimed He Was Attacked and Threatened Because of His Political Activity
Affirming the denial, the court upheld IJ’s findings that petitioner’s testimony was vague and inconsistent and without sufficient corroboration, and that he could not show that the Haitian government was unwilling or unable to protect him if he were to return. (Silais v. Sessions, 4/28/17)
Documents Relating to Wisconsin Case Challenging Executive Order Targeting Muslims and Refugees
The plaintiff voluntarily dismissed the action in this case. (Doe v. Trump, 4/28/17)
DOS Request for Comments on Affidavit of Relationship for Minors from El Salvador, Guatemala, or Honduras
DOS 30-day notice and request for comments on Form DS-7699, Affidavit of Relationship (AOR) for Minors Who Are Nationals Of El Salvador, Guatemala, and Honduras. Comments are due 5/26/17. (82 FR 19308, 4/26/17)
Leaked Document: 90-Day Progress Report to the President on EO 13767
On 1/25/17, President Trump signed Executive Order (EO) 13767 that called for a report within 90 days on the progress of the directives contained in the EO. This is a leaked draft of DHS’s 90-day progress report. On 4/12/17, the Washington Post published an article about the assessment.
Documents Relating to Virginia Case Challenging Trump’s Executive Order Targeting Muslim-Majority Countries (Sarsour v. Trump)
The district court granted the defendants’ motion to stay proceedings. (Sarsour v. Trump, 4/24/17)
Say It with Me: It Is Not Illegal to Seek Asylum
Reading this recent Reuters article, from the headline to the end, I'm not sure what offends me most. Is it the Trump Administration's concerted effort to scare people away from seeking safety in the U.S.? That's pretty disgusting. Is it the fact that those threats only work if people believe our go
Affirmative Asylum Scheduling Bulletin (4/21/17)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 4/21/17. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
AILA Summary of Leaked Document: 90-Day Progress Report to the President on EO 13767
AILA issued a summary of the leaked draft of DHS’s 90-day progress report. On 1/25/17, President Trump signed EO 13767 that called for a report within 90 days on the progress of the directives contained in the EO. On 4/12/17, the Washington Post published an article about the assessment.
USCIS Asylum Office Workload for January 2017
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 January 2017.
USCIS Asylum Office Workload for February 2017
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 February 2017.
USCIS Asylum Office Workload for March 2017
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 March 2017.
CA8 Finds Asylum Applicant Failed to Demonstrate That His Subjective Fear Was Objectively Reasonable
The court held that the Guatemalan petitioner had not demonstrated that his subjective fear of persecution was objectively reasonable, and thus that substantial evidence supported IJ and BIA’s determination that he failed to establish eligibility for asylum. (Lemus-Arita v. Sessions, 4/17/17)
ICE Enforcement in Courthouses is a Dangerous Mistake
Immigration and Customs Enforcement (ICE) has been stepping up its enforcement operations, this time in and around courthouses. There have been reports of ICE officers increasingly showing up in courthouses across the country to arrest unsuspecting immigrants. This is a misguided policy…and a
Kids These Days
A child can be sweet, mad, smart, hilarious, whiny, silly, or sad. A child can be an angel, a terror, a silly goose, Captain America, Wonder Woman, a kitty cat, or a Tyrannosaurus Rex. A child cannot be an immigration lawyer. And yet… In immigration courts across the United States, every singl
AILA/USCIS Meeting Questions and Answers (4/6/17)
Q&As from the 4/6/17 liaison meeting with AILA and USCIS HQ. Topics include executive orders on immigration, attorney representation issues, H-1B validity periods, ACICS, FCCPT, visa revocation, CSPA, and more.
CA7 Finds BIA Did Not Err in Denying a Remand for Petitioner to Present New Evidence
The court held that petitioner did not demonstrate he was denied due process of law by IJ’s considering his asylum claim, and that BIA properly found that petitioner’s additional submissions on appeal did not meet the requirements for a motion to remand. (Barragan-Ojeda v. Sessions, 4/5/17)
White House Memo on Implementing Executive Order 13780
The White House issued a memorandum to the Secretary of State, the Attorney General, and the Secretary of Homeland Security on the implementation of Executive Order 13780 issued on 3/6/17. The memo was issued 3/6/17 and published in the Federal Register on 4/3/17. (82 FR 16279, 4/3/17)
USCIS Asylum Office Workload for April 2017
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 April 2017.
Credible Fear Lesson Plans Comparison Chart
Comparison chart analyzing USCIS Asylum Office’s Credible Fear Lesson Plans for 2006, 2014, and 2017. Special thanks to Angela Edman and Dree Collopy.
CA7 Finds BIA Erred in Ignoring Petitioner’s Evidence of Materially Changed Conditions in Sudan and South Sudan
The court vacated the BIA’s decision and remanded, finding that in denying petitioner’s motion to reopen, the BIA ignored the petitioner’s evidence of growing violence in South Sudan, and evidence that he would be in danger if he were to be removed. (Arej v. Sessions, 3/28/17)
BIA Overturns IJ’s Adverse Credibility Finding and Grants Asylum to Guatemalan Respondent on Humanitarian Grounds
Unpublished BIA decision holds respondent’s statements during her initial arrest by DHS that she did not fear returning to Guatemala and her failure to inform the border patrol agent of past abuse was not sufficient to find her not credible. Courtesy of Bradley Jenkins. (Matter of -, 2/24/17)