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
CA7 Upholds CAT Denial to Seventh Day Adventist Citizen of Mexico
The court held that petitioner, a practicing Seventh Day Adventist who claimed he would be persecuted and forced to work for the Zetas gang if removed to Mexico, did not establish a clear probability that he would face persecution or torture upon his removal. (Lozano-Zuniga v. Lynch, 8/12/16)
CA7 Upholds Denial of Asylum to Chinese Petitioner Based on Adverse Credibility Finding
The held that substantial evidence supported the IJ’s conclusions that petitioner, a 52-year-old Chinese citizen who claimed that he feared forced sterilization under China’s one-child policy, was not credible, and that he did not adequately corroborate his account. (Yang v. Lynch, 8/12/16)
As Detained Mothers Continue Hunger Strike, AILA Urges Administration to End Family Detention
Twenty-two mothers being held with their children for months in the Berks family detention center began a hunger strike this week; AILA President William A. Stock urged an end to family detention, noting, “These brave mothers are putting their health at risk to draw attention to injustice.”
CA1 Upholds Denial of Asylum to Christian Chinese Petitioner
The court held that the BIA’s decision to affirm the IJ’s denial of asylum to petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence. (Qin v. Lynch, 8/10/16)
CA1 Says Salvadoran Women with Partners Who View Them as Property Is Not a Particular Social Group
The court held that the petitioner, whose proposed social group was defined as “Salvadoran women in intimate relationships with partners who view them as property,” failed to show that her PSG shared immutable characteristics and had social distinction. (Vega-Ayala v. Lynch, 8/10/16)
BIA Solicits Amicus Briefs on Duress Exception to the Persecutor Bar
The BIA invites interested members of the public to file amicus curiae briefs on whether an involuntariness or duress exception exists to limit the application of the persecutor bar in sections 208(b)(2)(A)(i) and 241(b)(3)(B)(i) of the INA, as well as a related issue. Briefs are due by 9/7/16.
CA7 Says BIA Should Have Considered Argument That Credible‐Fear Interview Notes Were Unreliable
The court held that BIA erred by failing to address petitioner’s argument that the credible‐fear interview notes were unreliable and thus an improper basis for an adverse credibility finding, and by ignoring material documentary evidence corroborating her testimony. (Jimenez v. Lynch, 8/5/16)
USCIS Transcript from 8/5/16 Press Call on Syrian Refugee Processing
USCIS transcript from the 8/5/16 press conference with officials from USCIS, DOS, and HHS discussing Syrian refugee processing. Topics include screening procedures, approval rates, the pace of arrivals, and more.
Affirmative Asylum Scheduling Bulletin (8/5/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 8/5/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
H.R. 5851: Refugee Protection Act of 2016
On July 14, 2016, Representative Zoe Lofgren (D-CA) 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.
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)