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
Statement by Secretary Johnson on the Safety and Security of the Homeland
DHS Secretary Jeh Johnson issued a statement on the actions DHS is taking to secure the United States, and the ways in which DHS believes that Congress could provide help, including by passing legislation to assist in DHS’s security enhancements to the Visa Waiver Program (VWP).
USCIS Provides RAIO Combined Training Course on Discretion
USCIS provided its RAIO Combined Training Course on discretion. This module provides guidelines for adjudicating immigration benefits or requests that are subject to DHS's discretion. The module addresses the basis for determining when discretion is warranted and for performing legal analysis.
USCIS Provides RAIO Combined Training Course on Decision Making
USCIS provided the RAIO Combined Training Course on decision making. This module describes the general factual, legal, and analytical considerations involved in constructing legally sufficient decisions.
USCIS Provides RAIO Combined Training Course on Researching and Using Country of Origin Information in RAIO Adjudications
This RAIO Combined Training Course module provides guidelines on the use of Country of Origin Information in adjudicating immigration benefits, petitions, protection determinations, and other immigration-related requests.
USCIS Provides RAIO Combined Training Course on Cross-Cultural Communication
USCIS provided the RAIO Combined Training Course on cross-cultural communication and other factors that may impede communication at an interview.
Beirut and Paris, What Can We Do?
The recent events in Beirut, Baghdad and Paris have brought feelings of frustration, anger, sadness, and helplessness. While these feelings in the coming weeks may subside and take a backseat to the holiday season, they will not entirely go away. And, they shouldn't. The thought that there has to be
USCIS Message on Refugee Form I-94 Automation
USCIS message that employers should be aware that CBP has automated Form I-94 processing for refugees. The stamped paper form will no longer be provided to a refugee upon arrival, except in limited circumstances. A refugee can obtain a copy of their I-94 from the Get I-94 Information website.
CA1 Upholds BIA's Denial of Guatemalan Petitioner's Motion to Removal Proceedings
The court held that BIA did not abuse its discretion in declining to reopen the Guatemalan petitioner's removal proceedings, finding the motion was untimely, and petitioner had not made a showing of changed country conditions sufficient to warrant reopening. (Mejía-Ramaja v. Lynch, 11/20/15)
CRS Report on Syrian Refugee Admissions and Resettlement in the U.S.
A Congressional Research Service report on Syrian refugee admissions and resettlement in the U.S., including information on refugee ceiling and regional allocations, the refugee admissions process, and refugee resettlement. Between FY2011 and 10/31/15, the U.S. admitted 2,070 Syrian refugees.
Letter to President Obama from Former DHS Secretaries on the Refugee Resettlement Program
On 11/19/15, former DHS Secretaries Janet Napolitano and Michael Chertoff sent a letter to the President expressing that the current vetting process for resettlement admits the most vulnerable refugees with the highest level of scrutiny from a law enforcement and national security perspective.
CA9 Upholds Denial of Asylum to HIV-Positive Citizen of Mexico
The court held that substantial evidence supported the BIA's denial of the claims for asylum, withholding of removal, and CAT relief of the petitioner, a citizen of Mexico who had sought relief based on his sexual orientation and HIV-positive status. (Bringas-Rodriguez v. Lynch, 11/19/15)
Scapegoating Refugees is Not the Solution
Somewhere in the deepest recesses of my mind, I live in constant fear. Many of us do. It's a natural reaction. Every day we step outside we are exposing ourselves to those things we fear. I fear a texting driver may hit my car. I fear a person with a gun could shoot up a […]
AILA Quicktake #148: Syrian Refugee Response
AILA President Victor Nieblas Pradis shares the latest on the response to the Syrian refugee crisis and what AILA members can do to encourage lawmakers to welcome refugees.
AILA Urges Senators to Oppose Suspending or Restricting Refugee Programs
AILA’s statement submitted to the Senate Committee on Homeland Security and Governmental Affairs for a hearing on 11/19/15 titled “The Impact of ISIS on the Homeland and Refugee Resettlement.”
AILA’s Take on Protecting Syrian Refugees
This AILA backgrounder provides information on the refugee screening process, a historical snapshot of refugees that have been permitted to resettle in the U.S., as well as recommendations for Congress.
AILA: How President Obama Can Reform Immigration in His Last Year
AILA issued a report card on President Obama’s immigration efforts over the past seven years and made recommendations. AILA President Victor Nieblas Pradis states, “In his final year, President Obama can save thousands of lives, keep families together, and help our economy thrive.”
AILA Report Card: How President Obama Can Improve Immigration In His Last Year
AILA urges President Obama to lead on immigration and ensure lasting change for the nation, with recommendations in: refugee and humanitarian protection; the legal immigration system; enforcement; and protecting undocumented families and others with strong ties to America. Share the Report Card!
AILA Urges House Members to Oppose Suspending or Restricting Refugee Programs
AILA’s statement submitted to the House Judiciary Committee for a hearing on 11/19/15 titled “The Syrian Refugee Crisis and its Impact on the Security of the U.S. Refugee Admission Program.”
AILA: Backlash Against Refugees Unbefitting of America
AILA President Victor Nieblas Pradis calls on the government to support the refugee settlement program, saying Syrian refugees “need protection and assistance, not barred and locked doors, or closed borders."
Sign-On Letter to Members of Congress in Support of Protecting Refugees
On 11/17/15, AILA joined humanitarian aid organizations, faith, labor, and civil and human rights groups in expressing support for the U.S. refugee resettlement program and opposing any proposals to suspend or restrict funding for Syrian and other refugees.
Recent Ninth Circuit Case Law November 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in November 2015 and should be used as a starting point in research.
Affirmative Asylum Scheduling Bulletin (11/12/15)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 11/12/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
USCIS Extension of Comment Request Period on DHS Testing in Refugee Cases
USCIS 30-day notice on the comment request period for Form G-1294/Form G-1295, to allow I–590 applicants to use AABB accredited laboratories to prove parent-child relationships. USCIS also seeks to conduct a simultaneous Rapid DNA testing pilot. Comments are now due 12/14/15. (80 FR 69976, 11/12/15)
Sign-on Letter Raise Concerns About Access to Asylum for Anyone with a Prior Removal Order
On 11/9/15, AILA joined 63 organizations in urging the Department of Homeland Security to undertake rulemaking that would allow all asylum seekers, including individuals with prior removal orders, to apply for asylum, in addition to withholding removal.
AILA Amicus Brief on Whether Reinstatement Bar on "Relief" Bars Asylum Applications
AILA filed an amicus brief with the Fifth Circuit in Ramirez-Mejia v. Lynch supporting rehearing en banc and arguing that the more specific bars to asylum in the asylum statute govern the question and control, rather than the more general bar on "relief" in the reinstatement statute.