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
Families Detained for Months on End Plead for Their Freedom
Thirty mothers detained with their children at the Berks Family Detention Center in Pennsylvania wrote a letter to the media pleading for their freedom. The mothers write that they came to the U.S. seeking refuge, and that they want their prolonged and cruel detention to be known.
Senate Resolution Regarding Operation Streamline
On 2/10/16, the Senate Committee on Homeland Security and Governmental Affairs voted in favor of the resolution in an 8 to 7 vote.
Eight of Twelve Families Targeted by ICE Have Been Released
After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight families rounded up by ICE at the beginning of January have finally been released from detention while their cases proceed.
BIA Reverses Adverse Credibility Finding in Domestic Violence Asylum Case
Unpublished BIA decision reverses the IJ’s adverse credibility determination and remands to assess whether the respondent, a victim of domestic violence, established past persecution or a well-founded fear of persecution on account of membership in a PSG. Special thanks to Thomas E. Fulghum.
Affirmative Asylum Scheduling Bulletin (2/5/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 2/5/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Solicits Amicus Briefs on Family as a Particular Social Group
The BIA requests amicus briefs on the circuit court split on whether an asylum applicant who has demonstrated persecution because of membership in a particular social group comprised of the applicant’s family has satisfied the nexus requirement without further analysis. Comments now due by 3/7/16.
Immigration Law Advisor, January 2016 (Vol. 10, No. 1)
The January 2016 Immigration Law Advisor includes with an article on competency issues in removal proceedings, as well as summaries of circuit court and BIA precedent decisions from December 2015 and statistics on decisions from 2015 including reversals and remands over the last 10 years.
CA8 Finds IJ Did Not Commit Fundamental Error by Failing to Inform Petitioner About Asylum
The court found that, under the circumstances presented, the IJ did not commit a fundamental procedural error by failing to inform the petitioner about asylum or other possible avenues of relief, and thus that there was no due process violation. (Alva-Arellano v. Lynch, 2/2/16)
DOJ OIL February 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2016, with articles on Oxygene v. Lynch and Herrera v. Attorney General, as well as summaries of circuit court decisions for February 2016.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (February 2016)
Summary of recent case law out of the Eleventh Circuit, courtesy of the AILA Georgia-Alabama and Central Florida Chapters. The information was compiled in February 2016 and should be used as a starting point in research.
CARA: Central American Mothers Targeted in Immigration Raids and Still Detained Pen Letter to President Obama
Seven women picked up and detained by ICE in early January in widely publicized raids have made a direct and personal plea to President Obama to allow their release while they pursue ongoing appeals of their deportation orders.
DOS Notice on the Refugee Admissions Reception and Placement Program for FY2016
DOS notice of the nine resettlement agencies participating in the Reception and Placement Program under a cooperative agreement with DOS in FY2016.
USCCR Statement on Stopping the ICE Raids Against Central American Refugees
On 1/22/16 the U.S. Commission on Civil Rights released a statement urging President Obama and DHS Secretary Johnson calling for the "immediate end of the raids being carried out" by DHS and ICE against Central American refugees.
H.R. 4038: American Security Against Foreign Enemies Act of 2015
On 11/19/15, House members voted 289-137 in favor of H.R. 4038, which would halt the refugee resettlement program for Iraqis and Syrians, which was introduced on 11/17/15. On 1/20/16, the bill failed to receive the necessary vote to move forward in the Senate.
HHS Interim Final Rule Making Technical Amendments to Refugee Resettlement Regulations
Interim final rule making technical amendments to the Department of Health and Human Services (HHS) regulations on refugee resettlement. (81 FR 3004, 1/20/16)
AILA Vote Recommendations on H.R. 4038
AILA urges members of Congress to vote NO on Representative McCaul’s American Security Against Foreign Enemies Act of 2015 (H.R. 4038), which would halt the refugee resettlement program for Iraqis and Syrians.
CA8 Upholds BIA's Finding That Petitioner’s Proposed Social Group Was Not Socially Distinct
The court upheld the denial of the petitioner's claim for withholding of removal, finding that the BIA did not err in concluding that the petitioner’s proposed social group, defined as "escapee Mexican child laborers," was not socially distinct. (Gonzalez Cano v. Lynch, 1/15/16)
Sign-on Letter Urging Senators to Oppose Legislation that Would Stop the Resettlement for Refugees
On 1/15/16, AILA joined humanitarian aid organizations, faith, labor, civil, and human rights groups in expressing support for the U.S. refugee resettlement program and opposition to H.R. 4038 and any other proposals to stop, pause, or restrict funding for Syrian and other refugees.
Recent Ninth Circuit Case Law January 2016
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in January 2016 and should be used as a starting point in research.
CA9 Finds It Lacks Jurisdiction to Review Nicaraguan Petitioner's Unexhausted Asylum Claim
The court upheld the BIA's denial, holding that petitioner's asylum claim was unexhausted because petitioner's statements to the BIA failed to meaningfully apprise it of the basis for his appeal, and that the court thus lacked jurisdiction to review the claim. (Rizo v. Lynch, 1/14/16)
TRAC Report Assesses the Potential Impact of Immigration Raids Targeting Women with Children
A TRAC report found that a total of 18,607 "women with children" removal orders were issued between July 2014 and December 2015, according to the most recent data from the Immigration Court. The families involved lacked legal representation 86 percent of the time.
CA7 Remands Withholding of Removal Claim Based on Political Views of Nicaraguan Petitioner
The court reversed the denial of withholding of removal and remanded to the BIA, holding that the petitioner presented pertinent, credible evidence that he faces a significant probability of persecution if he is removed to Nicaragua. (Gutierrez-Rostran v. Lynch, 1/13/16)
CARA: 33 Mothers and Children Protected from Immediate Deportation
After successfully halting the removal of 33 Central American mothers and children rounded up by Immigration and Customs Enforcement, the CARA Family Detention Pro Bono Project called on the Obama administration to release the families confined at Dilley.
DOS Fact Sheet on Refugee Resettlement in the United States
DOS released a factsheet on refugee resettlement in the United States, which includes the number of refugees resettled in the United States in the last ten years as well as where refugees were resettled in FY2015.
CA1 Upholds Denial of Motion to Reconsider for Failure to Assert Previously Available Arguments
The court held that because the new arguments the petitioner raised in his motion to reconsider were previously available but not previously asserted, the BIA did not abuse its discretion in denying the motion. (Hurtado v. Lynch, 1/13/16)