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
Enforcement Off the Rails
There's been a lot of news coverage of the ICE raids, of the aggressive tactics used to arrest vulnerable families at their homes and to arrest children on the way to school. But what hasn't received as much coverage is the damage that raids victims endure after their arrest. Some remain trapped in
Adjusting Back to Real Life
It's been an adjustment getting back into the “real life“ of being home after being in Dilley for a month. I love my family. When I got home from volunteering at the family detention center in Dilley, the first thing I did was hug my wife and son. It wasn't just because I missed them, […
Immigration Law Advisor, May-June 2016 (Vol. 10, No. 4)
The May-June 2016 Immigration Law Advisor, a legal publication from EOIR, includes an article on developments in civil detention, as well as summaries of circuit court decisions from April and May 2016 and BIA precedent decisions.
Know Your Rights Information for Asylum Seekers
To help families and individuals who recently entered the United States seeking refuge from violence and persecution, AILA offers information in English and Spanish on rights and responsibilities throughout the asylum process. Special thanks to Laura Lichter.
AILA Comments on Proposed Requirements for Signatures on Applications and Petitions Filed With USCIS
AILA’s comments submitted on 7/1/16 in response to the USCIS policy memorandum on requirements for signatures on petitions, applications, and all other documents filed with USCIS.
AILA Welcomes Senate Introduction of the Secure the Northern Triangle Act
AILA welcomes the introduction in the Senate of the Secure the Northern Triangle Act, S.B. 3106, a bill designed to provide a plan to manage the humanitarian crisis in El Salvador, Guatemala, and Honduras and to improve access to asylum and other protections for those fleeing violence in the region.
CA7 Finds Adverse Credibility Finding Was Based on Illusory or Immaterial Inconsistencies
The court granted the petition for review, holding that the BIA’s adverse credibility finding was flawed because several of the perceived inconsistencies were illusory, and the actual inconsistencies were either immaterial or trivial. (Yuan v. Lynch, 6/28/16)
S. 3106: Secure the Northern Triangle Act
On 6/28/16, Senator Harry Reid (D-NV) introduced the Secure the Northern Triangle Act (S.B. 3106).
BIA Finds Waiver of Appeal Not Knowing and Intelligent
Unpublished BIA decision finds waiver of appeal not knowing and intelligent because it was made following an assertion by DHS attorney that respondent was ineligible for asylum and because IJ made no further inquiry. Special thanks to IRAC. (Matter of A-M-G-B-, 6/28/16)
CA8 Upholds Denial of Asylum to Kenyan Kikuyu Ethnic Group Member
The court upheld the denial of asylum, finding that substantial evidence supported the IJ’s and BIA’s conclusion that the petitioner did not suffer persecution on account of his political opinion, religion, or membership in a particular social group. (Ngugi v. Lynch, 6/27/16)
Report on Increased U.S. Detention of Asylum Seekers
Human Rights First released a report that examines the increase in asylum seekers held in U.S. immigration detention facilities, and makes recommendations to the Obama administration and Congress on how to improve policies and ensure compliance with human rights and refugee protection commitments.
CA8 Finds IJ’s Adverse Credibility Determination Was Supported by Cogent Reasons
The court denied the petition for review, finding that the IJ and BIA’s negative findings regarding petitioner’s credibility were supported by specific, cogent reasons and that substantial evidence supported the denial of asylum and CAT claims. (Arevalo-Cortez v. Lynch, 7/22/16)
USCIS Updates Policy Manual to Remove Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications
A 6/22/16 memo announces an update to the USCIS Policy Manual to remove obsolete Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, from the filing requirements for applications for adjustment of status under INA §209.
AILA Presents the 2016 Michael Maggio Memorial Pro Bono Award to the Mesa Verde Pro Bono Project and to Adam Rosser
AILA will award the 2016 Michael Maggio Memorial Pro Bono Award for outstanding efforts in pro bono representation in the immigration field to the Mesa Verde Pro Bono Project for services to detainees held at the Mesa Verde Detention Facility, and to Adam Rosser, for his work with Syrian refugees.
USCIS Guidance to RAIO Officers on Credibility
Obtained via FOIA by Catholic Charities of DC, USCIS RAIO provided guidance on evaluating the credibility of an applicant’s testimony, factors upon which a credibility determination may or may not be based, and determining non-credible aspects of a claim. Special thanks to David Cleveland.
CA8 Upholds Denial of Asylum to Guatemalan Mother and Her Minor Sons
The court upheld BIA’s denial of asylum, finding that petitioners, a Guatemalan mother and her minor sons, failed to establish past persecution or to show a well-founded fear of future persecution on the basis of their family membership. (Garcia-Milian v. Lynch, 6/17/16)
BIA Orders Further Consideration of Particular Social Group
Unpublished BIA decision reverses adverse credibility finding and orders further consideration of asylum application based on particular social group consisting of “witnesses of criminal conduct committed by Guatemalan police.” Special thanks to IRAC. (Matter of E-D-R-, 6/17/16)
This Father’s Day
On Sunday, my kids will wake me up extra early and play “Las Mañanitas“ to wish me a Happy Father's Day while handing me handmade Father's Day cards. They'll give me extra hugs and tell me they love me. That's what's done on Father's Day in my house. It's nothing special, though it means a [&#
Sign-On Letter on Immigration Raids and Other Enforcement Actions Against Central American
On 6/16/16, more than 156 organizations joined AILA in urging DHS Secretary Jeh Johnson and Attorney General Loretta Lynch to stop using aggressive tactics against Central Americans, especially families and children, and to ensure due process before an individual is deported.
Audio from Telebriefing on No Protection – When the U.S. Denies Asylum Seekers Due Process
AILA hosted a telebriefing for press and Hill staff to discuss the conditions in Central America forcing families to flee, the ways they have been denied due process, and most importantly, what our nation needs to do to make this right.
District Court Dismisses Texas Lawsuit To Block Resettlement of Syrian Refugees
The U.S. District Court for the Northern District of Texas in Dallas granted the motions to dismiss all claims against the defendants, finding that the plaintiff failed to state a plausible claim for relief. (Texas Health and Human Services Commission v. United States, et al., 6/15/16)
CA9 Grants Rehearing En Banc in Case Involving HIV-Positive Asylum Seeker from Mexico
The court granted rehearing en banc to revisit its prior decision upholding BIA's denial of asylum, withholding of removal, and CAT relief to petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 6/14/16)
BIA Says Respondent with PTSD Established Extraordinary Circumstances for Delay in Filing Asylum Application
Unpublished BIA decision finds that the IJ erred in concluding that respondent, whose PTSD was repeatedly triggered and exacerbated, did not demonstrate extraordinary circumstances sufficient to excuse the one-year asylum filing deadline. Courtesy of Ann Wennerstrom. (Matter of –, 6/14/16)
AILA Notes from SCOPS Teleconference (3/9/16)
AILA notes from a teleconference with SCOPS on 3/9/16. Topics include processing time delays, PNIW and NIW cases, hyphens in LPR cards, power of attorney signatures, online case statuses, expedite requests, consolidated financial reporting, refugee travel documents, and H-4 EADs.
NSC Liaison Q&As on Refugee and Asylee Issues (6/9/16)
The NSC Liaison Committee’s official Q&As from the 6/9/16 teleconference on refugee and asylee issues. Topics include: the adjudication of I-730s and updating personal information on I-485s, I-765s, and I-131s.