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
USCIS Guidance for Adjudicating LGBTI Refugee and Asylum Claims
USCIS provided guidance and guidelines given to RAIO officers on adjudicating and considering immigration benefits, petitions, protections, and other immigration-related requests by lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. Special thanks to David Cleveland.
Warning: Content Not Safe for Your Peace of Mind
Ana was all of 11 days old when we met at the Berks Detention Center. She was not always the most cooperative client. I don't believe she even bothered to look at me in the two weeks she resided at the detention center. In fact her eyes didn't open at all. She had extremely poor […]
Babies in Jail
“What are they being detained for, spilling milk?“ Those are the words of my friend Dawn when I told her I was volunteering at “baby jail“ for the week. Something about her response struck a nerve with me. To every sane, reasonable person in the U.S., the thought of putting a baby in ja
The Un-American Nature of Prison Bed Quotas
It has never been easy to be an immigration attorney. Faced with combatting injustice without sufficient resources, those of us who represent detained immigrants have seen these challenges increase with the recent hyper-growth of the private prison industry (PPI): 1600% increase in the number of be
DOS Fact Sheet on Refugee Resettlement in the United States
DOS provides a fact sheet on refugee resettlement in the United States, including information on where refugees came from between FY2006 and FY2015 and the resettlement process.
Immigration Law Advisor, October 2015 (Vol. 9, No. 9)
The October 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on fraud and the unauthorized practice of law in immigration proceedings, as well as summaries of circuit court decisions from September 2015 and regulatory updates.
BIA Finds Attorney Provided Ineffective Assistance by Failing to Raise Domestic Violence Asylum Claim
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to argue that respondent qualified for asylum under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and by failing to file a brief on appeal. Special thanks to IRAC. (Matter of L-Y-O-B-, 11/2/15)
An Unforgivable Waste
It was not until I sat on the plane, notebook open, pen in hand, when it hit me. The emotion came; I felt the tightening in my throat and tears forming in the corners of my eyes. It was only now that I could allow myself to fully process what I had just finally witnessed […]
DOJ OIL November 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for November 2015, with articles on Texas v. United States and DACA, as well as summaries of circuit court decisions for November 2015.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (October 2015)
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 October 2015 and should be used as a starting point in research.
UNHCR Report on Refugee Crisis as Women Flee Central America and Mexico
The UN Refugee Agency (UNHCR) published a report, “Women on the Run” that was based on interviews conducted with 160 women forced to flee their homes in Central America and Mexico to escape growing violence in their communities.
Protecting the Survivors
Since October is Domestic Violence Awareness Month, we wanted to take this opportunity to draw attention to the need for AILA member expertise to help survivors, the challenges involved, and also highlight some ways that immigration attorneys can make a huge difference by getting involved and offeri
Written Testimony from USCIS on Syrian Humanitarian Crisis
Written testimony from Leon Rodriguez, Director of USCIS, for the 10/27/15 “Examining the Syrian Humanitarian Crisis from the Ground (Part II) hearing. Mr. Rodriguez discussed refugee resettlement case processing, security checks, and the refugee admissions pipeline.
CA7 Finds IJ Misconstrued Petitioner's Testimony Regarding Wife's Procedure
The court held that the IJ misunderstood petitioner’s testimony, and that the IJ erred by concluding that petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization. (Wang v. Lynch, 10/26/15)
Senators Urge DHS to Examine Policies that Limit Access to Legal Counsel for Detained Families
On 10/23/15, 19 senators sent DHS Secretary Jeh Johnson a letter urging him to examine ICE’s policies that have barred or limited asylum-seeking mothers and children access to legal representation in Dilley, Texas.
Dilley and Baseball
My recent trip to Dilley, Texas, was a joy, a pleasure, a treat. Not exactly what you would expect me to say in this piece, but in comparison to the hellhole that was Artesia, Dilley was refreshing. Maybe because of the great staff, the routine, the fact that there was not a major crisis the [R
AILA EOIR/OCAHO Liaison Meeting Minutes (10/22/15)
Minutes from the 10/22/15 AILA liaison meeting with EOIR and OCAHO. Topics include use of technology in the courtroom, representation at credible fear reviews, updates on the immigration court backlogs, priority dockets, staffing, communication between ICE and OCAHO, FOIAs, and appeals.
USCIS Invites Stakeholders to Quarterly Asylum Division Meeting
USCIS invites stakeholders to the 12/11/15 quarterly asylum division meeting, to receive updates from the asylum division and to ask questions. Participation in this meeting is in person only, and RSVPs are required. Questions and agenda items are due by 11/9/15, and RSPVs are due by 12/4/15.
No Safe Haven Here: Mental Health Assessment of Women and Children Held in U.S. Immigration Detention
A mental and behavioral health research team traveled to the Dilley Detention Facility and released a report on Central American women and children’s refugee immigrant detention experiences after doing fieldwork from July 22 to July 24, 2015.
Presidential Determination on Refugee Admissions for FY2016
Presidential determination on refugee admissions for FY2016, stating that the admission of up to 85,000 refugees shall be allowed and provides regional ceilings. (80 FR 62433, 10/16/15)
Dilley as I Saw It, Part 2
Stefan Babich recently traveled to Dilley, Texas, to volunteer with the CARA Family Detention Pro Bono Project. In this two-part blog post, he walks readers through his first day of volunteering and the mothers whose stories he heard. Click here to read Part 1. What is it like hearing the life stori
CA8 Upholds Adverse Credibility Finding of Petitioner from Punjab, India
The court upheld the IJ's adverse credibility determination, finding that it was based on substantial record evidence and supported by specific, cogent reasons, and also upheld the BIA's rejection of the petitioner's ineffective assistance of counsel claim. (Singh v. Lynch, 10/14/15)
Dilley as I Saw It, Part 1
Stefan Babich recently traveled to Dilley, Texas, to volunteer with the CARA Family Detention Pro Bono Project. In this two-part blog post, he walks readers through his first day of volunteering and the mothers whose stories he heard. To read Part 2, click here. What was it like, walking into Dilley
CA7 Finds Petitioner Failed to Provide Sufficient Corroborating Evidence
The court held that petitioner did not offer evidence that corroborated the key elements of his claim of persecution, and that he failed to meet his burden of establishing that supplemental evidence could not have been obtained prior to his merits hearing. (Darinchuluun v. Lynch, 10/8/15)
What I Learned in Dilley
I spent a week volunteering as an immigration lawyer at the ICE family detention center in Dilley, Texas. It was a singular experience and I wanted to share some of what I learned. The detention center in Dilley opened after the 2014 “surge“ in immigrants from Central America crossing the U.S.