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
CA1 Finds BIA Acted Within Its Discretion in Denying Ugandan Petitioner’s Motion to Reopen
The court denied the petition for review, finding that the BIA supportably found that the petitioner failed to introduce new, previously unavailable, material evidence in connection with his motion to reopen. (Bbale v. Lynch, 10/24/16)
Hostile Jurisdictions
U.S. immigration lawyers, members of the American Immigration Lawyers Association (AILA), practice in every state in the union and other countries besides. We fight for clients no matter where they are, to the best of our abilities. However, we are currently wrestling with an elephant of a problem -
CA1 Upholds Denial of Colombian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the Colombian petitioner’s untimely motion to reopen her removal proceedings, finding that the petitioner had failed to establish an exception to the time limitations on motions to reopen. (Giraldo-Pabon v. Lynch, 10/21/16)
Shining a Light on Domestic Violence to Assist Immigrant Victims
October is Domestic Violence Awareness Month, which is intended to shine a light on the human right to be free from violence, ensure that all victims of domestic violence know they are not alone, and foster supportive communities that help survivors seek justice. In the United States, twenty people
CA5 Upholds Denial of Indian Petitioner’s Untimely Motion to Reopen
The court upheld the BIA’s denial of the petitioner’s untimely motion to reopen, finding that DOS’s 2012 Country Report for India did not describe a change in country conditions that were materially different than those in place at the time he was ordered removed. (Singh v. Lynch, 10/20/16)
CA6 Upholds Denial of Asylum to Citizen of Zimbabwe Based on Adverse Credibility Determination
The court upheld the BIA’s denial of asylum to petitioner, a citizen of Zimbabwe, finding that important factual inconsistencies between the petitioner’s asylum application and her testimony supported an adverse credibility determination. (Marikasi v. Lynch, 10/20/16)
DHS Notice of Proposed Establishment of New “017 Refugee Case Processing and Security Screening Information” System of Records
DHS notice that it proposes to establish a new system of records titled ‘‘DHS/United States Citizenship and Immigration Services (USCIS)–017 Refugee Case Processing and Security Screening Information’’ system of records. (81 FR 72075, 10/19/16)
USCIS Asylum Office Workload for July 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 July 2016.
USCIS Asylum Office Workload for August 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 August 2016.
USCIS Asylum Office Workload for September 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 September 2016.
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.