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
Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling
Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have led to the deportation of families with valid claims for asylum or other protection under U.S. law.
CA8 Upholds Denial of Asylum to Honduran Petitioner Found Not to Be Credible
The court found that the IJ and the BIA did not err in finding that the petitioner's testimony was not credible in light of the numerous contradictions and inconsistencies in her evidence that went to the heart of her asylum claim. (Rodriguez-Mercado v. Lynch, 12/23/15)
CA7 Remands for Reconsideration of CAT Eligibility of Mexican Petitioner with Ties to Drug Cartel
The court granted the motion to remand for reconsideration of petitioner’s eligibility for deferral of removal under CAT, stating that petitioner, who contended that he would be killed by a drug cartel if removed to Mexico, appeared to have a strong case. (Mendoza-Sanchez v. Lynch, 12/23/15)
AILA’s Take On Immigration Enforcement
This AILA backgrounder provides information on ICE’s enforcement data that reflects a decreased in removal numbers in FY2015 compared to last year’s numbers, as well as context on the major factors that contribute to the shift.
DHS Releases End-of-Year Statistics for FY2015
DHS announced the release of its end-of-year statistics for FY2015, including reports from ICE and CBP. In FY2015, ICE removed or returned a total 235,413 individuals, and CBP made 337,117 apprehensions nationwide.
CA9 Upholds Denial of Asylum to North Korean Found to Be "Firmly Resettled" in South Korea
The court held that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding that a North Korean has “firmly resettled” in South Korea. (Jang v. Lynch, 12/22/15)
Immigration Law Advisor, November-December 2015 (Vol. 9, No. 10)
The November-December 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article asylum claims filed by artists, as well as summaries of circuit court decisions from October and November 2015, A.G. precedent decisions, and BIA precedent decisions.
December AIM: Volunteering to Help Syrian Refugees
AILA member Adam Rosser, who recently came back from his second trip to help Syrian refugees abroad, describes his experiences and why he felt it was important to help.
Public Law 114-113, Consolidated Appropriations Act, 2016
P.L. 114-113, Consolidated Appropriations Act, 2016, signed on 12/18/15 by President Obama, funded the government through FY2016. Several immigration-related issues were highly debated in the run-up to the bill's passage and were included in the final bill.
CA7 Reverses CAT Denial for Mexican Petitioner with Ties to Zetas Cartel
The court found that the IJ and BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel due to unpaid debt and had been an informant, was not entitled to deferral of removal. (Rodriguez-Molinero v. Lynch, 12/17/15)
CA6 Upholds Denial of Withholding for “Wealthy” Mexican Petitioner
The court held that the petitioner's proposed social group, “persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States,” was not cognizable under the INA. (Sanchez-Robles v. Lynch, 12/17/15)
Recent Ninth Circuit Case Law December 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in December 2015 and should be used as a starting point in research.
USCIS Asylum Division Stakeholder Meeting Agenda and Unofficial Notes (12/11/15)
Agenda and unofficial notes from the 12/11/15 USCIS Asylum Division Quarterly stakeholder meeting. Topics include Asylum Division updates, statistics, the affirmative asylum application backlog, one-year filing deadline, carbon paper notices, opening of the New Orleans sub-office, and asylum clock.
CARA Urges Texas Officials To Deny Child Care Licenses to Detention Centers in Dilley and Karnes
On 12/11/15, the CARA Pro Bono Project submitted a letter to the Texas Department of Family and Protective Services urging the agency not to adopt proposed amendments to the Texas Human Resources Code that would facilitate licensing the family detention centers in Texas as child care facilities.
CA8 Upholds Determination That FGM Evidence Did Not Establish Prima Facie Eligibility for Asylum
The court found that the BIA did not abuse its discretion in denying petitioners' motions to remand, finding that evidence regarding female genital mutilation (FGM) was not previously unavailable and was insufficient to establish prima facie eligibility for asylum. (Njie v. Lynch, 12/11/15)
The Ultimate Act of Motherly Love
I recently visited the Karnes County Residential Center and the South Texas Family Residential Center in Dilley, Texas, with the American Bar Association's Commission on Immigration and as a CARA Family Detention Pro Bono Project volunteer. I have been going to jails and prisons for more than 25 yea
CARA: Family Detention System Fails Indigenous Language-Speaking Families
The CARA Family Detention Pro Bono Project filed a formal complaint today with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General detailing the serious obstacles indigenous language speakers are facing in procuring access to justice in family detention centers.
District Court Denies Texas' Request to Halt Resettlement of Refugees
The court denied the application for a temporary restraining order (TRO), finding that the Commission failed to establish that there was a substantial threat of irreparable injury posed by the Syrian refugees. (Texas Health and Human Services Commission v. United States, et al., 12/9/15)
Affirmative Asylum Scheduling Bulletin (12/8/15)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 12/8/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
District Court Dismisses Class Action Lawsuit Alleging Unlawful Delays in Asylum Adjudications
The U.S. District Court for the Eastern District of New York held that the “no substantive or procedural right or benefit” language found in INA §208(d)(7) precludes any action to compel compliance with the INA's statutory timeframes for asylum adjudication. (L.M., et al. v. Johnson, 12/7/15)
Official EOIR Atlanta Stakeholder Meeting Q&As (12/5/16)
Q&As from the postponed 12/5/16 EOIR stakeholder event in Atlanta. Topics include SOPO bonds, inconsistent and improper service of documents, Stewart IC complaint, court recordings, telephonic appearances, EOIR updates, NTAs for child respondents, and filing asylum applications.
Over 80 Representatives Sign Letter Opposing Anti-Refugee Appropriation Riders
On 12/4/15, 96 House Representatives sent a letter to Speaker Paul Ryan (R-WI) opposing any riders that would block, defund, or limit refugees from seeking to find safety in the U.S. Additionally the members ask the Speaker to increase funding for vetting and placement of refugees.
USCIS Fact Sheet on Refugee Security Screening
USCIS released a fact sheet on the security screening and background checks required by the U.S. Refugee Admissions Program (USRAP), including information on the refugee process, USRAP screening, the USCIS refugee interview, CARRP process, enhanced review of certain Syrian cases, and CBP vetting.
USCIS Asylum Office Workload for July 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for July 2015.
USCIS Asylum Office Workload for August 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for August 2015.