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
Outrage
“Apurar, cielos, pretendo, Por qué me tratáis así, qué delito cometí contra vosotros naciendo. Aunque si nací, ya entiendo qué delito he cometido; bastante causa ha tenido vuestra justicia y rigor, Pues el delito mayor del hombre es haber nacido.“ ~ by Pedro Calderón de la Barca Outrage is the
USCIS Affirmative Asylum Procedures Manual (May 2016)
USCIS Affirmative Asylum Procedures Manual (AAPM) from the Asylum Division, updated and revised as of May 2016, provides instruction for asylum office personnel on how to process affirmative asylum applications.
CARA: Government Continues to Undermine Access to Counsel and Due Process for Children and Mothers Seeking Protection in the U.S.
The CARA Family Detention Pro Bono Project shared additional evidence that the federal government and private prison companies are failing to provide child care adequate to ensure access to counsel and meaningful representation as a Texas agency considers licensing the Dilley center.
Recognize these Mothers’ Sacrifices on Mother’s Day
From Day One of the Obama Administration's efforts to expand family detention, children have been the hardest hit. In Artesia, Berks, Dilley, and Karnes, these vulnerable asylum seekers are the ones who suffer the most when fleeing danger and coming to the U.S. seeking lawful protection for their sa
USCIS Provides Revised Guidance for Processing TRIG Refugee Cases and Amendment to the Hold Policy
USCIS released a policy memorandum revising the agency hold policy for association or activity involving terrorism-related inadmissibility grounds (TRIG). Guidance is effective immediately.
Anything I Can Do, You Can Do Better… in Dilley!
Sunday is Mother's Day in the U.S. and having just met some of the most incredible mothers I have ever encountered, I wanted to share that experience. In Dilley, TX, I met countless mothers who risked their lives to come to the U.S. for their children. Not for economic reasons, not for “a better li
CA7 Remands Withholding of Removal and CAT Claim of Former Salvadoran Gang Member
The court granted the petition for review, holding that the IJ erred in finding that there was “no credible evidence” that petitioner, a Salvadoran with ties to the Mara Salvatrucha gang, would face a clear probability of persecution if returned to El Salvador. (Arrazabal v. Lynch, 5/4/16)
USCIS Asylum Office Workload for January 2016
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for January 2016.
USCIS Asylum Office Workload for February 2016
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for February 2016.
USCIS Asylum Office Workload for March 2016
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for March 2016.
Immigration Law Advisor, April 2016 (Vol. 10, No. 3)
The April 2016 issue of Immigration Law Advisor, a legal publication from EOIR, includes an article on the intercountry adoption process, as well as summaries of circuit court decisions from March 2016 and BIA precedent decisions.
CA11 Says Noncitizens Whose Removal Orders Are Reinstated May Not Apply for Asylum
The court denied the petition for review, finding that INA §241(a)(5) renders noncitizens whose removal orders are reinstated ineligible to apply for asylum. (Jimenez-Morales v. Att'y Gen., 5/2/16)
DOJ OIL May 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for May 2016, with articles on Torres v. Lynch and the Adverse Credibility Project, as well as summaries of circuit court decisions for May 2016.
BIA Provides Additional Opportunity to Comply with Biometrics Requirement
Unpublished BIA decision finds respondent who forgot to submit fingerprints should receive another opportunity to comply with the biometrics requirements and present her asylum application. Special thanks to IRAC. (Matter of L-H-A-, 4/29/16)
CA8 Upholds Asylum Denial to Mexican Family Who Feared Persecution of Matazetas Gang
The court held that the petitioners, who claimed that the Matazetas gang would persecute them if they were returned to Mexico, failed to show that the government of Mexico either condoned the conduct or was unable to protect the victims. (Saldana v. Lynch, 4/28/16)
CA5 Says Former Informants Do Not Constitute a Particular Social Group
The court denied the petition for review, finding that the petitioner's proposed social group of former informants against the Zetas, a Mexican criminal syndicate, was not sufficiently particular as to constitute a particular social group (PSG). (Hernandez-De La Cruz v. Lynch, 4/26/16)
Affirmative Asylum Scheduling Bulletin (4/25/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 4/25/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
DOS Notice of Public Comments on FY2017 U.S. Refugee Admissions Program
DOS requests comments on the appropriate size and scope of the FY2017 U.S. Refugee Admissions Program. Comments are due by 5/19/16. (81 FR 23544, 4/21/16)
In the Balance: Backlogs Delay Protection in the U.S. Asylum and Immigration Court Systems
Human Rights First examines the impact that systemic delays in both the USCIS Asylum Division and the immigration courts have on the integrity of the U.S. immigration system and on asylum seekers and their families. It also offers solutions for eliminating the backlogs and lessening delays.
CA11 Upholds Asylum Denial to Former Member of Honduran Gang
The court upheld the BIA's conclusion that the petitioner, a former member of the Mara-18 gang in Honduras, was not a member of a “particular social group” entitled to protection under INA §241(b)(3). (Gonzalez v. Att’y Gen., 4/19/16)
CBP Issues Memo/Muster on Updated Processing of Initial Refugees Arrivals
CBP issued a memo and muster with updated processing guidance for initial refugee arrivals, stating that effective 4/22/16, CBP will no longer handle the mailing of refugee packets.
BIA Remands Where Respondent's Proposed Social Group Is "Working Class, Single Women in Michoacán"
Unpublished BIA decision remands where the lead respondent claimed that her children would be more vulnerable to gang recruitment due to her status as a single woman without male support and a lack of adequate parental supervision, which would amount to persecution of her as their parent.
DHS Annual Flow Report: Refugees and Asylees (2014)
The DHS Office of Immigration Statistics provides the Annual Flow Report with information on the number of persons admitted to the United States as refugees or granted asylum in the United States in 2014.
CA6 Remands Petition of Mexican Citizen to BIA Solely for Reconsideration of Voluntary-Departure Determination
The court remanded the petition to the BIA for further consideration of its voluntary-departure determination, but upheld the BIA’s denial of the petitioner’s applications for withholding of removal and CAT relief. (Amezola-Garcia v. Lynch, 4/11/16)
CA10 Upholds Asylum Denial Where Burmese Petitioner Claimed Persecution Based on Political Opinion
The court held that the BIA did not abuse its discretion in finding that petitioner, a Burmese citizen seeking relief based on persecution for his political opinions, was not credible, and that its discretionary decision to deny asylum was not arbitrary and capricious. (Htun v. Lynch, 4/8/16)