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
DOJ OIL October 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for October 2015, with articles on Rodriguez v. Robbins, Lora v. Shanahan, Matter of Chairez, and Matter of Sama, as well as summaries of circuit court decisions for October 2015.
USCIS Statistics on Asylum Filings for Minors for FY2015
USCIS provided FY2015 statistics on minor principal applicants (affirmative asylum applicants under the age of 18 at time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
AILA Urges Lawmakers to Increase Resettlement of Refugees Worldwide
AILA’s statement submitted to the Senate Judiciary Committee, Immigration and the National Interest Subcommittee for a hearing on 10/1/15 titled “Oversight of the Administration’s FY 2016 Refugee Resettlement Program: Fiscal and Security Implications.”
Coercion and Intimidation of Detained Mothers and Children
A complaint was submitted to the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General by the CARA Family Detention Pro Bono Project documenting intimidation, misinformation and violations of the right to counsel at the family detention facility in Dilley, Texas.
CARA: Coercion and Intimidation of Detained Mothers and Children Must Stop
The CARA Family Detention Pro Bono Project submitted a complaint to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
Public Complaint Regarding Coercion and Violations of the Right to Counsel at the South Texas Family Residential Center in Dilley
Public complaint submitted by the CARA Project to the DHS Office of Civil Rights and Civil Liberties and the Office of Inspector General documenting intimidation, misinformation and violations of the right to counsel at the South Texas Family Residential Center in Dilley, Texas.
Another Tool in the Fight to End Family Detention
This wasn't the blog post that I planned on writing. I had intended to simply share some information about the release of the ABA Commission on Immigration's report on family detention, and will. But I was interrupted in my writing by the immediacy of what's happening on the ground (OTG) at the fami
CBP Releases Memo and Muster on Streamlined Processing of Initial Refugee Arrivals
CBP released a redacted memo and muster clarifying the refined streamlined processing of initial refugee arrivals.
CA9 Says It Lacks Jurisdiction to Review Challenge to Expedited Removal Proceeding
The court held that, pursuant to the jurisdiction-stripping provisions of INA §2429(a)(2)(A), it lacked jurisdiction to review an IJ’s affirmance of an asylum officer's negative credible fear determination in the petitioner's expedited removal proceedings. (Pena v. Lynch, 9/28/15)
When Our Government Operates in Its Own Flawed Reality, the Most Vulnerable Suffer
On July 24, a federal court in California ruled that the Obama Administration's policy of detaining mothers and children violated the 1997 Flores Agreement. In a 25-page ruling, Judge Dolly Gee noted she found it “astonishing“ that immigration authorities had adopted a policy requiring such an
District Court Reverses Denial of I-485 Based on Terrorism Grounds
The U.S. District Court for the Northern District of California held that USCIS acted arbitrarily, capriciously, and contrary to the law in denying based on terrorism grounds the adjustment of status application of an applicant who was granted asylum by an IJ. (Islam v. DHS, 9/25/15)
CA9 Says Credibility Determination May Be Based Solely on Background Evidence in Record
The court held that the REAL ID Act permits the BIA and IJ to base their adverse credibility determinations exclusively on background evidence in the record upon considering the totality of the circumstances and all relevant factors. (Singh v. Lynch, 9/21/15)
Obama Administration Again Hands Families Over to Private Prison Company
The CARA Family Detention Pro Bono Project responded to the news that Immigration and Customs Enforcement (ICE) had awarded a private prison company the grant to establish a new case management alternative to detention initiative for families.
Sign-on Letter to the President on Syrian Refugees Crisis
On 9/18/15, AILA joined national and local refugee, human rights and faith based organization in urging President Obama to go beyond his commitment to aid Syrian and other Middle Eastern refugees.
CA6 Says Personal Service upon Counsel May Constitute Service to Noncitizen
The court held that INA §240 requires that personal service of an order of removal in absentia be made upon a noncitizen whenever practicable, and found that personal service upon counsel may, in certain cases, constitute personal service to a noncitizen. (Cruz-Gomez v. Lynch, 9/17/15)
BIA Grants Family-Based Asylum Claim Based on Gang Threats
Unpublished BIA decision finds respondent threatened for helping daughter pursue criminal case against gang member established nexus to persecution on account of membership in particular social group (family). Special thanks to IRAC. (Matter of M-R-G-, 9/16/15)
The Alternate World of Family Detention
I returned to the alternate world of family detention at the end of June. It was both the most heartbreaking and most empowering thing I have ever done during my career as an immigration attorney. Trying my best to help these mothers and their children is wrenching. The family detention facility is
IJ Grants Asylum to Mexican Journalist
The IJ granted the asylum application of a Mexican journalist who fled Mexico amid threats and the murder of family members as a result of his reporting on and criticism of police misconduct. Courtesy of Carlos Spector.
CA1 Upholds Finding That Petitioner Failed to Establish Changed Country Conditions
The court held that the BIA and IJ acted within their discretion in finding that the petitioner had failed to establish changed country conditions for Christians in China since the issuance of his in absentia removal order. (Liu v. Lynch, 9/11/15)
AILA: America Must Respond More Generously to Refugee Crisis
AILA urges President Obama to go beyond the commitment he made to resettle 10,000 Syrian refugees and to extend more meaningful protection to all refugees and asylum seekers whether they are resettled from abroad or have crossed U.S. borders fleeing violence, persecution, and other horrors.
Five Incarcerated Refugee Families Finally Released After Being Held for Months on End
The CARA Family Detention Pro Bono Project responded to Friday’s release of five families who had been subjected to many months of incarceration despite repeated efforts to advocate for their release pending the adjudication of their claims for protection in the United States.
NSC Liaison Q&As on Student/School Issues (9/10/15)
The NSC liaison Committee provides official Q&As from the 9/10/15 NSC stakeholder call on students, schools, and “other” issues. Topics include OPT, I-130s, humanitarian reinstatement, EAD and green card production backlogs, F-1s, and TPS.
CBP Releases Memo with Carrier Liaison Update
CBP released a memo with a carrier liaison update regarding processing of first time refugees.
BIA Says Inter-Proceeding Similarities Can Be Considered in Credibility Determinations
The BIA held that, in making an adverse credibility determination, an IJ can consider significant similarities between statements submitted by applicants in different proceedings, if certain procedural steps are undertaken to preserve fairness. Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015)
A Special Place in Hell
“Don't mistreat any foreigners who live in your land. Instead, treat them as well as you treat citizens and love them as much as you love yourself.“ Leviticus 19.33-34 “There's a special place in hell for women who don't help other women.“ Madeleine Albright I met Carmen, a 36-year-old i