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
AILA Vote Recommendations on H.R. 4038
AILA urges members of Congress to vote NO on Representative McCaul’s American Security Against Foreign Enemies Act of 2015 (H.R. 4038), which would halt the refugee resettlement program for Iraqis and Syrians.
Recent Ninth Circuit Case Law January 2016
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in January 2016 and should be used as a starting point in research.
Sign-on Letter Urging Senators to Oppose Legislation that Would Stop the Resettlement for Refugees
On 1/15/16, AILA joined humanitarian aid organizations, faith, labor, civil, and human rights groups in expressing support for the U.S. refugee resettlement program and opposition to H.R. 4038 and any other proposals to stop, pause, or restrict funding for Syrian and other refugees.
CA8 Upholds BIA's Finding That Petitioner’s Proposed Social Group Was Not Socially Distinct
The court upheld the denial of the petitioner's claim for withholding of removal, finding that the BIA did not err in concluding that the petitioner’s proposed social group, defined as "escapee Mexican child laborers," was not socially distinct. (Gonzalez Cano v. Lynch, 1/15/16)
CA9 Finds It Lacks Jurisdiction to Review Nicaraguan Petitioner's Unexhausted Asylum Claim
The court upheld the BIA's denial, holding that petitioner's asylum claim was unexhausted because petitioner's statements to the BIA failed to meaningfully apprise it of the basis for his appeal, and that the court thus lacked jurisdiction to review the claim. (Rizo v. Lynch, 1/14/16)
TRAC Report Assesses the Potential Impact of Immigration Raids Targeting Women with Children
A TRAC report found that a total of 18,607 "women with children" removal orders were issued between July 2014 and December 2015, according to the most recent data from the Immigration Court. The families involved lacked legal representation 86 percent of the time.
U Visa: A Sliver of a Silver Lining for Victims of Violent Crimes
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act in October 2000. As the USCIS website explains, this legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic viole
CA7 Remands Withholding of Removal Claim Based on Political Views of Nicaraguan Petitioner
The court reversed the denial of withholding of removal and remanded to the BIA, holding that the petitioner presented pertinent, credible evidence that he faces a significant probability of persecution if he is removed to Nicaragua. (Gutierrez-Rostran v. Lynch, 1/13/16)
CA1 Upholds Denial of Motion to Reconsider for Failure to Assert Previously Available Arguments
The court held that because the new arguments the petitioner raised in his motion to reconsider were previously available but not previously asserted, the BIA did not abuse its discretion in denying the motion. (Hurtado v. Lynch, 1/13/16)
CARA: 33 Mothers and Children Protected from Immediate Deportation
After successfully halting the removal of 33 Central American mothers and children rounded up by Immigration and Customs Enforcement, the CARA Family Detention Pro Bono Project called on the Obama administration to release the families confined at Dilley.
DOS Fact Sheet on Refugee Resettlement in the United States
DOS released a factsheet on refugee resettlement in the United States, which includes the number of refugees resettled in the United States in the last ten years as well as where refugees were resettled in FY2015.
USCIS Asylum Office Workload for October 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for October 2015.
USCIS Asylum Office Workload for November 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for November 2015.
USCIS Asylum Office Workload for December 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for December 2015.
House Democrats Tell the President to End the Immigration Raids
A 1/12/16 letter from 146 House members to President Obama demanding an end to immigration home raids that have targeted Central American families with children.
CA7 Upholds CAT Denial to HIV-Positive, Homosexual Mexican Petitioner
The court held that the HIV-positive, homosexual Mexican petitioner did not satisfy his burden of showing that it was more likely than not that he would be tortured by the government or with the government’s acquiescence if he was removed to Mexico. (Lopez v. Lynch, 1/12/16)
Affirmative Asylum Scheduling Bulletin (1/11/16)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 1/11/16. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
CA7 Upholds Denial of Asylum and Withholding of Removal to Chinese Farmer
The court upheld the IJ and the BIA, holding that the petitioner did not provide, or adequately explain the absence of, reasonably available evidence to corroborate his testimony regarding the appropriation of his farmland by the Chinese government. (Chen v. Lynch, 1/8/16)
CA11 Denies Withholding of Removal to Homosexual/Transgender Haitian Petitioner
The court held that petitioner had failed to exhaust his past persecution claim, and that petitioner failed to show that the BIA erred in its assessment of his future persecution claim by not considering his transgender status separately from his homosexuality. (Jeune v. Att'y Gen., 1/8/16)
CARA Family Detention Pro Bono Project Succeeds in Winning Stays of Deportation of Four Mothers and Their Children Recently Rounded-Up by ICE
Last night, the CARA Family Detention Pro Bono Project succeeded in halting the deportation of four Central American families apprehended by Immigration and Customs Enforcement (ICE) over the weekend, who had been scheduled for deportation this morning.
CA6 Reverses Adverse Credibility Determination of Christian Petitioners from the West Bank
The court held that the IJ and BIA's adverse credibility determination was not supported by substantial evidence, and that the petitioners credibly testified to being attacked and persecuted in the West Bank by Muslims on the basis of their Christian religion. (Marouf v. Lynch, 1/6/16)
AILA and the Council Letter to DHS Secretary Johnson on Raids Targeting Central American Families
On 1/6/16, AILA and the Council requested a meeting with Department of Homeland Security (DHS) Secretary Jeh Johnson to discuss the agency’s current aggressive tactics to apprehend and deport Central American families.
After Successfully Delaying the Deportations of Four Central American Families, Groups Demand Meeting with DHS Secretary Johnson
AILA and the American Immigration Council sent a letter to DHS Secretary Jeh Johnson criticizing raids to remove asylum-seeking Central American families and calling for a meeting to discuss how to guarantee due process and the necessary humanitarian protections for those families.
Defend, Don’t Target, the Vulnerable
On Christmas Eve, news leaked that the Department of Homeland Security (DHS) was going to begin raids to round up and deport Central American families. Over the holiday week, stakeholders, legislators, community leaders, and advocates pushed back hard on these planned raids and begged the Obama Admi
CA8 Upholds Finding That Petitioner's Fear of Future Persecution Was Not Objectively Reasonable
The court upheld the IJ and the BIA's denial of asylum to the Nicaraguan petitioner, finding that the petitioner failed to establish that his fear of future persecution was objectively reasonable. (Castillo-Gutierrez v. Lynch, 1/5/16)