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 30-Day Notice and Request for Comments on Proposed Revisions to Form I-590
USCIS 30-day notice and request for comments on proposed revisions to Form I-590, Registration for Classification as Refugee. A 60-day notice and comment request period was originally published at 81 FR 46952 on 7/19/16. Comments are now due by 11/17/16. (81 FR 71749, 10/18/16)
AILA and AIC Comments on Proposed International Entrepreneur Rule
Comments submitted by AILA and the American Immigration Council in response to the DHS’s proposed “International Entrepreneur Rule,” published in the Federal Register on August 31, 2016.
Sign-On Letter Urging President Obama to Protect Central American Refugees
On 10/12/16, AILA along with all the participants of “The US Response to Central American Refugees” shadow summit held 9/20/16 in New York made recommendations to the President on how to increase protection for Central American refugees.
Presidential Determination on Refugee Admissions for FY2017
Presidential determination on refugee admissions for FY2017, stating that the admission of up to 110,000 refugees shall be allowed and providing regional ceilings. (81 FR 70315, 10/11/16)
Federal Government Must Adopt Own Advisory Committee’s Recommendations and End Family Detention
AILA, the Council, and CLINIC welcomed the unanimous conclusion from the DHS Advisory Committee on Family Residential Centers that “detention is generally neither appropriate nor necessary for families” and urged DHS to adopt the recommendations immediately.
USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants
Effective 10/5/16, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. This change applies to all (c)(8)-based applications pending as of 10/5/16 and all such applications filed on or after 10/5/16.
Affirmative Asylum Scheduling Bulletin (10/6/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 10/6/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
USCIS Revised Guidance for Processing Asylum Cases Involving TRIG
USCIS policy memorandum (PM-602-0137) with revised guidance on the hold policy for applications for asylum and for suspension of deportation or special rule cancellation of removal under Section 203 of NACARA involving terrorism-related inadmissibility grounds (TRIG).
CA2 Upholds Denial of Asylum Despite Errors in BIA's Underlying Analysis
The court held that although the BIA erred in finding that the petitioner testified inconsistently, the BIA's ultimate ruling was supported by substantial evidence, and the same decision would be made on remand. (Li v. Lynch, 10/5/16)
House Members Call on President Obama to Stop Haitian Deportations
On 10/5/16, more than 50 representatives urged President Obama to reconsider the resumption of non-criminal deportations to Haiti in the aftermath of Hurricane Matthew. They also asked for undocumented Haitians to be ensured full and fair asylum hearings and effective assistance of counsel.
Presidential Determination on Unexpected Refugee and Migration Needs
Presidential determination of 1/13/16 (published in the Federal Register on 10/4/16) authorizing funding not to exceed $70 million for the purpose of meeting unexpected urgent refugee and migration needs related to the U.S. Refugee Admissions Program. (81 FR 68925, 10/4/16)
DOS Fact Sheet on FY2016 Refugee Admissions
DOS provided a fact sheet on FY2016 refugee admissions, stating that refugees were admitted from 79 countries with over 70 percent from five countries: the Democratic Republic of the Congo, Syria, Burma, Iraq, and Somalia. Over 73 percent of the resettled refugees were women and children.
Immigration Law Advisor, September-October 2016 (Vol. 10, No. 7)
The September-October 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article with a survey of case law addressing defenses against the “material-support” terrorism bar, as well as summaries of circuit court decisions from August 2016 and BIA precedent decisions.
CA7 Affirms Injunction Against Indiana’s Attempt to Withhold Funds to Agency That Resettles Syrian Refugees
The court affirmed the grant of a preliminary injunction against the state of Indiana’s attempt to withhold funds to a private agency that assists in the resettlement of refugees, including Syrian refugees. (Exodus Refugee Immigration, Inc. v. Pence, 10/3/16)
USCIS Statistics on Asylum Filings for Minors for FY2016
USCIS provided FY2016 statistics (through 9/30/16) on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
Report of the DHS Advisory Committee on Family Residential Centers
In this report, the DHS Advisory Committee on Family Residential Centers recommended that DHS to discontinue the general use of family detention, reserving it for rare cases, and that if continued custody is absolutely necessary, families should be detained for the shortest amount of time.
USCIS Provides TRIG Statistics from 11/15/16 Meeting
Statistics current as of 9/30/16, provided by USCIS at a TRIG stakeholder meeting held on 11/15/16, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
Building a Force of Zealous, Creative Refugee and Asylum Advocates
According to UNHCR's 2015 Global Trends Report, one out of every 122 humans is now either a refugee, internally displaced, or seeking asylum due to wars, conflict, and persecution that are not ending, but being met with impunity by governments and the international community. No surprise then that
Presidential Determination: Refugee Admissions for Fiscal Year 2017
Memorandum from President Obama for the DOS Secretary authorizing the admission to the United States of up to 110,000 refugees in FY2017. The memo includes numerical regional allocations to Africa, East Asia, Europe and Central Asia, Latin America and the Caribbean, and the Near East and South Asia.
AILA Notes from SCOPS Teleconference (9/28/16)
AILA notes from a teleconference with SCOPS on 9/28/16. Topics include premium processing cases, EAD renewals, DACA approval notices, the refugee admissions program and P-2 direct access for I-130 beneficiaries, and I-130 step-child petition RFEs.
Senate Democrats Urge DHS To Release Children and Mothers in Detention
On 9/27/16, a group of senators urged DHS Secretary Jeh Johnson to release families that have been detained for prolonged periods at Berks County Residential Center in Pennsylvania, unless there is compelling evidence that they pose a specific public safety or flight risk.
DOS Fact Sheet on U.S. Humanitarian Assistance in Response to the Syrian Crisis
DOS fact sheet highlighting U.S. contributions to non-governmental organizations and countries, including Syria, Lebanon, Jordan, Turkey, Iraq, and Egypt, in response to the Syrian refugee crisis.
No More Diapers in Detention
The beginning of a young lawyer's career is, naturally, a time of many first experiences. Many of these “firsts“ are so nerve-wracking they churn your stomach: the first time you step into court with the weight of someone's future on your shoulders, the first time you stand up next to a client
CA1 Upholds Adverse Credibility Determination and Denial of Asylum to Haitian Petitioner
The court upheld the denial of the Haitian petitioner’s asylum claim, finding that substantial evidence supported the BIA’s affirmance of the IJ’s finding that the petitioner’s testimony was not credible. (Legal v. Lynch, 9/23/16)
AILA: Government’s Plan to Resume Haitian Removals Could Endanger Asylum Seekers and Vulnerable Immigrants
AILA expressed serious concerns about the decision by DHS and ICE to resume regular deportations of Haitians; AILA President Bill Stock noted that “the decision to recommence removals to Haiti is impossible to reconcile with recent official recognition of the ongoing humanitarian crisis there.”