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
S.3241: Refugee Protection Act of 2016
On July 14, 2016, Senators Patrick Leahy (D-VT), Dick Durbin (D-IL), Al Franken (D-MN) and Mazie Hirono (D-HI) introduced the Refugee Protection Act of 2016, which includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
H.R. 5850: Secure the Northern Triangle Act
On July 14, 2016, Representatives Zoe Lofgren (D-CA) and Eliot L. Engel (D-NY) introduced the Secure the Northern Triangle Act, the House companion to legislation introduced by Senate Democratic Leader Harry Reid (NV) last month.
AILA FAQs on Expanded Central American Refugee Processing
AILA provides FAQs on the Obama administration’s initiatives for refugees and vulnerable individuals from El Salvador, Guatemala, and Honduras, announced in July 2016.
Barriers to Protection: The Treatment of Asylum Seekers in Expedited Removal
On 8/2/16, the U.S. Commission on International Religious Freedom released a new report, which found serious flaws in the treatment of asylum seekers, and highlighted the harmful impact that detention has on asylum seekers, especially children.
CA9 Reopens Removal Proceedings Based on Changed Country Conditions in Indonesia
The court held that the BIA improperly evaluated the petitioner’s submission of newly available, material evidence of changed country conditions in Indonesia, particularly in light of the petitioner’s conversion to Catholicism following his 2006 hearing. (Salim v. Lynch, 8/1/16)
CBP Releases Memo/Muster on Digital Approval Notification for Form I-590
CBP issued a memo and muster on the digital approval notification for Form I-590 (Registration for Classification as a Refugee). Digitally-approved cases will no longer be manually stamped, instead, a Digital Approval Report (DAR) which will serve as confirmation.
Ongoing Litigation Efforts Against CBP
Check out some of the ongoing litigation efforts against CBP and get inspired to bring your own challenge at HoldCBPAccountable.org.
Practice Pointer: The Affirmative Asylum Scheduling Bulletin
The Asylum and Refugee Committee provides a practice pointer on the Affirmative Asylum Scheduling Bulletin.
AILA Notes from SCOPS Teleconference (7/27/16)
AILA notes from a teleconference with SCOPS on 7/27/16. Topics include processing times, I-612 waivers, premium processing fee refunds, expedite requests, STEM OPT, validity dates, AOS applications for asylees and refugees, I-140s, fee waivers, hardship and persecution waivers, and H-1B petitions.
AILA: U.S. Expands Protection for Refugees South of U.S. Border But Continues Harsh Treatment of Asylum Seekers at the Border
AILA welcomed the Obama administration’s announcement expanding opportunities for refugees in El Salvador, Guatemala, and Honduras to seek protection, but continued to challenge the White House to stop the aggressive enforcement, detention, and deportation of asylum seekers arriving at U.S. borders.
BIA Grants Asylum to Bangladeshi Persecuted By Awami League
Unpublished BIA decision holds that asylum applicant suffered past persecution and that the government of Bangladesh would be unable to protect him from members of the Awami League. Special thanks to IRAC. (Matter of H-B-, 7/26/16)
CA1 Upholds Denial of Asylum to Guatemalan Who Claimed He Would Be Tortured if Removed
The court upheld the denial of the asylum claim of petitioner, who claimed both past persecution and fear of future persecution on account of his anti-gang political opinion and his membership in a particular social group. (Alvizures-Gomes v. Lynch, 7/21/16)
USCIS Asylum Office Workload for June 2016
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality of applicants, for June 2016.
A Wall of Words
For months, the rhetoric has been increasingly harsh towards immigrants as political candidates continue to lash out at refugees, the vulnerable families coming from Central America, and even entire religions. The result? Well, among other things, there has been a massive increase in the number of
USCIS 60-Day Comment Period on Form I-590
USCIS 60-day notice of the comment period for proposed revisions to Form I-590, Registration for Classification as Refugee. Comments are due by 9/19/16. (81 FR 46952, 7/19/16)
CA5 Says BIA Failed to Consider Factors Central to Determining Reason for Persecution
The court found that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian asylum applicant’s maltreatment by the government was persecution on account of a protected ground. (Sealed Petitioner v. Sealed Respondent, 7/15/16)
AILA Welcomes Legislation Designed to Protect Refugees
AILA welcomes the introduction of the Refugee Protection Act of 2016 in both the House and Senate; the bill includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
CBP Releases USCIS Memo on Digital Approval Notification for Form I-590
CBP released a redacted memo from the USCIS Refugee Affairs Division noting that both the traditional ink on paper approval stamp and the Digital Approval Report for Form I-590, Registration for Classification as a Refugee, may be accepted as proof of approval on or after June, 24, 2016.
CA4 Upholds Denial of Asylum to Ethnic Hutu Alleged to Have Participated in Rwanda Genocide
The court denied the petition for review, finding that petitioner, an ethnic Hutu and citizen of Rwanda alleged to have participated in the Rwandan genocide, did not prove by a preponderance of the evidence that he was not subject to the “persecutor bar.” (Munyakazi v. Lynch, 7/11/16)
CA9 Says Guatemalan Petitioner Failed to Show a Reasonable Fear of Torture
The court upheld the IJ's decision affirming an asylum officer's negative reasonable fear determination, concluding that substantial evidence in the record supported the IJ's conclusion that the petitioner failed to demonstrate a reasonable fear of torture. (Andrade-Garcia v. Lynch, 7/7/16)
AILA Quicktake #170: Ninth Circuit Court of Appeals Affirms Flores Settlement
The American Immigration Council's Legal Director Melissa Crow shares details of the Ninth Circuit Court of Appeals’ affirmation of the Flores Settlement Agreement stating that the Obama administration's family detention practices violate that agreement.
CA8 Finds Asylum Applicant Failed to Show a Material Change in Country Conditions in Nigeria
The court held that petitioner’s motion to reopen was untimely due to her inability to show a material change in country conditions in Nigeria, which would have excused her from the 90-day time limitation for filing the motion. (Zeah v. Lynch, 7/8/16)
Affirmative Asylum Scheduling Bulletin (7/7/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 7/7/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
CA9 Finds Serious Nonpolitical Crime Bar Rendered Salvadoran Congressman Deputy Ineligible for Asylum
The court denied a petition for review brought by a former Salvadoran professional soccer player and Salvadoran congressman’s deputy, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar. (Silva-Pereira v. Lynch, 7/7/16)
Court Again Rules Against Federal Government’s Efforts to Detain Children
AILA and the American Immigration Council commented on the Ninth Circuit Court of Appeals decision affirming that the Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama administration’s family detention practices violate that agreement.