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
CA5 Says BIA Failed to Consider Factors Central to Determining Reason for Persecution
The court found that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian asylum applicant’s maltreatment by the government was persecution on account of a protected ground. (Sealed Petitioner v. Sealed Respondent, 7/15/16)
AILA Welcomes Legislation Designed to Protect Refugees
AILA welcomes the introduction of the Refugee Protection Act of 2016 in both the House and Senate; the bill includes provisions to address many of the severe, longstanding problems in the U.S. refugee and asylum systems.
CBP Releases USCIS Memo on Digital Approval Notification for Form I-590
CBP released a redacted memo from the USCIS Refugee Affairs Division noting that both the traditional ink on paper approval stamp and the Digital Approval Report for Form I-590, Registration for Classification as a Refugee, may be accepted as proof of approval on or after June, 24, 2016.
CA4 Upholds Denial of Asylum to Ethnic Hutu Alleged to Have Participated in Rwanda Genocide
The court denied the petition for review, finding that petitioner, an ethnic Hutu and citizen of Rwanda alleged to have participated in the Rwandan genocide, did not prove by a preponderance of the evidence that he was not subject to the “persecutor bar.” (Munyakazi v. Lynch, 7/11/16)
CA9 Says Guatemalan Petitioner Failed to Show a Reasonable Fear of Torture
The court upheld the IJ's decision affirming an asylum officer's negative reasonable fear determination, concluding that substantial evidence in the record supported the IJ's conclusion that the petitioner failed to demonstrate a reasonable fear of torture. (Andrade-Garcia v. Lynch, 7/7/16)
AILA Quicktake #170: Ninth Circuit Court of Appeals Affirms Flores Settlement
The American Immigration Council's Legal Director Melissa Crow shares details of the Ninth Circuit Court of Appeals’ affirmation of the Flores Settlement Agreement stating that the Obama administration's family detention practices violate that agreement.
CA8 Finds Asylum Applicant Failed to Show a Material Change in Country Conditions in Nigeria
The court held that petitioner’s motion to reopen was untimely due to her inability to show a material change in country conditions in Nigeria, which would have excused her from the 90-day time limitation for filing the motion. (Zeah v. Lynch, 7/8/16)
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
Affirmative Asylum Scheduling Bulletin (7/7/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 7/7/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
CA9 Finds Serious Nonpolitical Crime Bar Rendered Salvadoran Congressman Deputy Ineligible for Asylum
The court denied a petition for review brought by a former Salvadoran professional soccer player and Salvadoran congressman’s deputy, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar. (Silva-Pereira v. Lynch, 7/7/16)
Court Again Rules Against Federal Government’s Efforts to Detain Children
AILA and the American Immigration Council commented on the Ninth Circuit Court of Appeals decision affirming that the Flores Settlement Agreement governs the custody and release of all immigrant children, and that the Obama administration’s family detention practices violate that agreement.
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, […
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.
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.
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.