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 Grants Withholding of Removal to Woman Who Fears FGM in Botswana
The court held that substantial evidence did not support the BIA's conclusion that petitioner likely would not be subjected to female genital mutilation (FGM) if she were removed to Botswana, in light of petitioner's credible testimony that her family practiced FGM. (Musa v. Lynch, 2/19/16)
CA8 Upholds CAT Denial Where Petitioner Failed to Show She Would Likely Be Tortured in Haiti
The court upheld the BIA's denial of the petitioner's application for CAT relief, finding that the BIA did not err in concluding that the petitioner failed to show that she would more likely than not be tortured if removed to Haiti. (Mervil v. Lynch, 2/19/16)
Sign-on Letter to DHS on Enhancing Due Process for Refugees
On 2/18/16, AILA joined immigrants’ rights, civil rights, human rights, faith-based, and legal service providers in urging Department of Homeland Security to enhance due process for Central American refugees and stop the raids.
Understanding the Central American Refugee Crisis: Why They are Fleeing and How U.S. Policies are Failing to Deter Them
A new report from the American Immigration Council explains why the Obama administration’s aggressive deterrence strategy towards potential migrants, including a media campaign launched in Central America, as well as aggressive detention and deportation practices, is not working.
What Asylum Law is About
I'm an asylum lawyer. Every day I fight for victims of persecution and torture from all over the world. I listen to their stories and I give them a voice. Perhaps some of the most compelling and most amazing stories of survival have been those of women - women from the Middle East fleeing the [&#
AILA Welcomes Introduction of Access to Counsel Legislation
AILA welcomed the introduction of the “Fair Day in Court for Kids Act of 2016” AILA President Victor Nieblas Pradis noted, “This legislation would go a long way toward ensuring a measure of fairness and due process in the immigration system for the most vulnerable.”
CA2 Says BIA Failed to Provide Sufficient Basis for Rejecting IJ's Findings
The court held that, although BIA recognized its obligation to apply the “clear error” standard of review to IJ’s findings of fact, it erred in its application of that standard and provided an insufficient basis for finding IJ's determinations to be clearly erroneous. (Lin v. Lynch, 2/11/16)
CA5 Reaffirms That "Aliens Whose Removal Orders Are Reinstated" May Not Apply for Asylum
The court denied the petition for rehearing en banc, reaffirming that INA §241(a)(5)'s "plain language, relevant regulations, and analogous case law" compel the conclusion that asylum is not available as relief to individuals found guilty of illegal reentry. (Ramirez-Mejia v. Lynch, 2/11/16)
New Mexico Senators Urge the President to Suspend Removals of Central American Families
On 2/10/16, Senators Tom Udall and Martin Heinrich of New Mexico asked President Obama to suspend immigration removal actions against children and families from Central America.
Senate Resolution Regarding Operation Streamline
On 2/10/16, the Senate Committee on Homeland Security and Governmental Affairs voted in favor of the resolution in an 8 to 7 vote.
Handwritten Letter from Thirty Mothers Held at Berks Family Detention Center
Thirty mothers detained with their children at the Berks Family Detention Center wrote a letter to the media pleading for their freedom; the letter is in Spanish, an English translation is available.
Families Detained for Months on End Plead for Their Freedom
Thirty mothers detained with their children at the Berks Family Detention Center in Pennsylvania wrote a letter to the media pleading for their freedom. The mothers write that they came to the U.S. seeking refuge, and that they want their prolonged and cruel detention to be known.
Eight of Twelve Families Targeted by ICE Have Been Released
After being held in detention for more than a month by Immigration and Customs Enforcement (ICE), eight families rounded up by ICE at the beginning of January have finally been released from detention while their cases proceed.
BIA Reverses Adverse Credibility Finding in Domestic Violence Asylum Case
Unpublished BIA decision reverses the IJ’s adverse credibility determination and remands to assess whether the respondent, a victim of domestic violence, established past persecution or a well-founded fear of persecution on account of membership in a PSG. Special thanks to Thomas E. Fulghum.
Affirmative Asylum Scheduling Bulletin (2/5/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 2/5/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
BIA Solicits Amicus Briefs on Family as a Particular Social Group
The BIA requests amicus briefs on the circuit court split on whether an asylum applicant who has demonstrated persecution because of membership in a particular social group comprised of the applicant’s family has satisfied the nexus requirement without further analysis. Comments now due by 3/7/16.
Immigration Law Advisor, January 2016 (Vol. 10, No. 1)
The January 2016 Immigration Law Advisor includes with an article on competency issues in removal proceedings, as well as summaries of circuit court and BIA precedent decisions from December 2015 and statistics on decisions from 2015 including reversals and remands over the last 10 years.
CA8 Finds IJ Did Not Commit Fundamental Error by Failing to Inform Petitioner About Asylum
The court found that, under the circumstances presented, the IJ did not commit a fundamental procedural error by failing to inform the petitioner about asylum or other possible avenues of relief, and thus that there was no due process violation. (Alva-Arellano v. Lynch, 2/2/16)
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (February 2016)
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 February 2016 and should be used as a starting point in research.
DOJ OIL February 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for February 2016, with articles on Oxygene v. Lynch and Herrera v. Attorney General, as well as summaries of circuit court decisions for February 2016.
CARA: Central American Mothers Targeted in Immigration Raids and Still Detained Pen Letter to President Obama
Seven women picked up and detained by ICE in early January in widely publicized raids have made a direct and personal plea to President Obama to allow their release while they pursue ongoing appeals of their deportation orders.
DOS Notice on the Refugee Admissions Reception and Placement Program for FY2016
DOS notice of the nine resettlement agencies participating in the Reception and Placement Program under a cooperative agreement with DOS in FY2016.
USCCR Statement on Stopping the ICE Raids Against Central American Refugees
On 1/22/16 the U.S. Commission on Civil Rights released a statement urging President Obama and DHS Secretary Johnson calling for the "immediate end of the raids being carried out" by DHS and ICE against Central American refugees.
H.R. 4038: American Security Against Foreign Enemies Act of 2015
On 11/19/15, House members voted 289-137 in favor of H.R. 4038, which would halt the refugee resettlement program for Iraqis and Syrians, which was introduced on 11/17/15. On 1/20/16, the bill failed to receive the necessary vote to move forward in the Senate.
HHS Interim Final Rule Making Technical Amendments to Refugee Resettlement Regulations
Interim final rule making technical amendments to the Department of Health and Human Services (HHS) regulations on refugee resettlement. (81 FR 3004, 1/20/16)