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 Condemns Raids on Vulnerable Central American Families
AILA President Victor Nieblas Pradis condemned reports of ICE raids targeting Central American families saying, “Rounding up mothers and children who have fled the most violent region in the western hemisphere and are trying to find refuge abrogates our legal obligations.”
DOJ OIL January 2016 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2016, with articles on Gonzalez Cano v. Lynch and Bernardo v. Johnson, as well as summaries of circuit court decisions for January 2016.
USCIS Provides TRIG Statistics from 2/23/16 Meeting
Statistics current as of 12/31/15, provided by USCIS at a TRIG stakeholder meeting held on 2/23/16, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
Sign-on Letter to the President Opposing DHS Reported Plans to Conduct Nationwide Raids
On 12/31/15, over 150 organizations joined AILA in expressing opposition to the DHS reported plans to conduct nationwide raids to round up and deport Central American children and their parents. The letter urges the President to offer greater protection to Central American families fleeing violence.
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog
The Council and AILA provide a practice advisory on steps attorneys can take to preserve clients’ asylum claims where the master calendar hearing is scheduled beyond the one-year filing deadline. Steps include filing affirmatively with the Asylum Office, lodging, and filing a motion to advance.
CA7 Says BIA Used Wrong Standard in Reviewing IJ's Factual Finding
In determining petitioner’s eligibility for deferral of removal under CAT, the court held that BIA was required to review IJ's factual finding that petitioner would more likely than not be tortured if removed to Honduras only for clear error, not de novo. (Estrada-Martinez v. Lynch, 12/31/15)
USCIS Performance Data on I-485 Applications for First Quarter of FY2016
USCIS statistics on I-485 applications, broken down by status (received, approved, denied, or pending), category of admission, and location (field office or service center) for the first quarter of FY2016.
USCIS Transfers Workload from VSC to the CSC and NSC
USCIS began transferring certain casework from the VSC to the CSC and NSC to balance workloads. CSC will now process Forms I-539, and NSC will process Forms I-765 filed by an asylum applicant with a pending asylum application filed on or after 1/4/95. Filing location for these forms will not change.
USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting
USCIS invites stakeholders to the 2/5/16 quarterly meeting with the Asylum Division. RSVPs are due by 1/29/16 and questions/agenda items are due by 1/11/16. Participation for this meeting is in-person only.
Letter to USCIS and ICE Concerning Due Process Violations at Detention Facilities
Joint letter from AILA, the American Immigration Council, CLINIC, RAICES, and Human Rights First to USCIS and ICE concerning glaring due process violations which have led to the deportation of families with valid claims for asylum or other protection under U.S. law.
Denial of Due Process to Incarcerated Immigrant Families Worsens in Spite of Court Ruling
Attorneys and advocates called the government to account for rushing detained children and mothers through the legal processes designed to protect them from danger; glaring due process violations have led to the deportation of families with valid claims for asylum or other protection under U.S. law.
AILA’s Take On Immigration Enforcement
This AILA backgrounder provides information on ICE’s enforcement data that reflects a decreased in removal numbers in FY2015 compared to last year’s numbers, as well as context on the major factors that contribute to the shift.
CA8 Upholds Denial of Asylum to Honduran Petitioner Found Not to Be Credible
The court found that the IJ and the BIA did not err in finding that the petitioner's testimony was not credible in light of the numerous contradictions and inconsistencies in her evidence that went to the heart of her asylum claim. (Rodriguez-Mercado v. Lynch, 12/23/15)
CA7 Remands for Reconsideration of CAT Eligibility of Mexican Petitioner with Ties to Drug Cartel
The court granted the motion to remand for reconsideration of petitioner’s eligibility for deferral of removal under CAT, stating that petitioner, who contended that he would be killed by a drug cartel if removed to Mexico, appeared to have a strong case. (Mendoza-Sanchez v. Lynch, 12/23/15)
DHS Releases End-of-Year Statistics for FY2015
DHS announced the release of its end-of-year statistics for FY2015, including reports from ICE and CBP. In FY2015, ICE removed or returned a total 235,413 individuals, and CBP made 337,117 apprehensions nationwide.
CA9 Upholds Denial of Asylum to North Korean Found to Be "Firmly Resettled" in South Korea
The court held that 22 USC §7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding that a North Korean has “firmly resettled” in South Korea. (Jang v. Lynch, 12/22/15)
Immigration Law Advisor, November-December 2015 (Vol. 9, No. 10)
The November-December 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article asylum claims filed by artists, as well as summaries of circuit court decisions from October and November 2015, A.G. precedent decisions, and BIA precedent decisions.
December AIM: Volunteering to Help Syrian Refugees
AILA member Adam Rosser, who recently came back from his second trip to help Syrian refugees abroad, describes his experiences and why he felt it was important to help.
Public Law 114-113, Consolidated Appropriations Act, 2016
P.L. 114-113, Consolidated Appropriations Act, 2016, signed on 12/18/15 by President Obama, funded the government through FY2016. Several immigration-related issues were highly debated in the run-up to the bill's passage and were included in the final bill.
CA7 Reverses CAT Denial for Mexican Petitioner with Ties to Zetas Cartel
The court found that the IJ and BIA erred in holding that the Mexican petitioner, who had been tortured by Mexican police at the behest of the Zetas drug cartel due to unpaid debt and had been an informant, was not entitled to deferral of removal. (Rodriguez-Molinero v. Lynch, 12/17/15)
CA6 Upholds Denial of Withholding for “Wealthy” Mexican Petitioner
The court held that the petitioner's proposed social group, “persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States,” was not cognizable under the INA. (Sanchez-Robles v. Lynch, 12/17/15)
Recent Ninth Circuit Case Law December 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in December 2015 and should be used as a starting point in research.
The Ultimate Act of Motherly Love
I recently visited the Karnes County Residential Center and the South Texas Family Residential Center in Dilley, Texas, with the American Bar Association's Commission on Immigration and as a CARA Family Detention Pro Bono Project volunteer. I have been going to jails and prisons for more than 25 yea
CARA Urges Texas Officials To Deny Child Care Licenses to Detention Centers in Dilley and Karnes
On 12/11/15, the CARA Pro Bono Project submitted a letter to the Texas Department of Family and Protective Services urging the agency not to adopt proposed amendments to the Texas Human Resources Code that would facilitate licensing the family detention centers in Texas as child care facilities.
CA8 Upholds Determination That FGM Evidence Did Not Establish Prima Facie Eligibility for Asylum
The court found that the BIA did not abuse its discretion in denying petitioners' motions to remand, finding that evidence regarding female genital mutilation (FGM) was not previously unavailable and was insufficient to establish prima facie eligibility for asylum. (Njie v. Lynch, 12/11/15)