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
Statement by President Trump on Executive Order Suspending Visa Issuance for Seven Countries
Statement by President Trump on his 1/27/17 executive order regarding suspension of visa issuance for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
DHS Fact Sheet: "Protecting the Nation from Foreign Terrorist Entry to the United States"
DHS issued a fact sheet on how the provisions of the 1/27/17 Executive Order entitled “Protecting the Nation From Foreign Terrorist Entry into the United States” will be implemented.
Summary and Analysis of Trump Executive Order on Visa Issuance/Screening and Refugees
AILA and the American Immigration Council issued a summary and analysis of the January, 27, 2017, Executive Order issued by President Trump, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
CBP Guidance Regarding Implementation of EO 13769 Travel Ban Obtained Via FOIA
Documents and field guidance, obtained via FOIA, relating to the implementation of the travel ban provisions of Executive Order 13769, signed by President Trump on January 27, 2017, including communications between CBP and field staff.
USCIS Asylum Office Workload for November 2016
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 November 2016.
AILA/Council Summary and Analysis of Trump Executive Order on Border Security and Enforcement
AILA and the American Immigration Council’s summary and analysis of the January 25, 2017, Executive Order, “Border Security and Immigration Enforcement Improvements.” This document will be updated as information is available. A section-by-section summary and analysis follows the executive summary.
USCIS Asylum Office Workload for December 2016
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 December 2016.
USCIS Asylum Office Workload for October 2016
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 October 2016.
CA5 Remands for Reconsideration of CAT Claim of Petitioner Whose Family Members Were Murdered by the Zetas Drug Cartel
The court held BIA erred in failing to consider whether petitioner’s evidence of active participation by public officials under color of law showed he was more likely than not to be tortured “by” or with “consent of” government officials. (Iruegas-Valdez v. Yates, 1/23/17, revised 3/24/17)
CA10 Upholds Denial of Asylum to Christian Chinese Petitioner Who Claimed He Was Persecuted for His Religious Beliefs
The court upheld the BIA, finding that the petitioner failed to show that a reasonable factfinder would be compelled to conclude he suffered past persecution, and that the BIA’s finding was supported by substantial evidence and the court’s precedents. (Xue v. Lynch, 11/25/16, amended 1/23/17)
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)
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.
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
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.
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.
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 […
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.
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)