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 Asylum Division Stakeholder Meeting Agenda and Unofficial Notes (12/11/15)
Agenda and unofficial notes from the 12/11/15 USCIS Asylum Division Quarterly stakeholder meeting. Topics include Asylum Division updates, statistics, the affirmative asylum application backlog, one-year filing deadline, carbon paper notices, opening of the New Orleans sub-office, and asylum clock.
CARA: Family Detention System Fails Indigenous Language-Speaking Families
The CARA Family Detention Pro Bono Project filed a formal complaint today with the DHS Office for Civil Rights and Civil Liberties and the Office of Inspector General detailing the serious obstacles indigenous language speakers are facing in procuring access to justice in family detention centers.
District Court Denies Texas' Request to Halt Resettlement of Refugees
The court denied the application for a temporary restraining order (TRO), finding that the Commission failed to establish that there was a substantial threat of irreparable injury posed by the Syrian refugees. (Texas Health and Human Services Commission v. United States, et al., 12/9/15)
Affirmative Asylum Scheduling Bulletin (12/8/15)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 12/8/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
District Court Dismisses Class Action Lawsuit Alleging Unlawful Delays in Asylum Adjudications
The U.S. District Court for the Eastern District of New York held that the “no substantive or procedural right or benefit” language found in INA §208(d)(7) precludes any action to compel compliance with the INA's statutory timeframes for asylum adjudication. (L.M., et al. v. Johnson, 12/7/15)
Official EOIR Atlanta Stakeholder Meeting Q&As (12/5/16)
Q&As from the postponed 12/5/16 EOIR stakeholder event in Atlanta. Topics include SOPO bonds, inconsistent and improper service of documents, Stewart IC complaint, court recordings, telephonic appearances, EOIR updates, NTAs for child respondents, and filing asylum applications.
Over 80 Representatives Sign Letter Opposing Anti-Refugee Appropriation Riders
On 12/4/15, 96 House Representatives sent a letter to Speaker Paul Ryan (R-WI) opposing any riders that would block, defund, or limit refugees from seeking to find safety in the U.S. Additionally the members ask the Speaker to increase funding for vetting and placement of refugees.
USCIS Statistics on FY2015 Reasonable Fear Workload
USCIS provides a report on the reasonable fear workload for FY2015. Includes information broken down by month, with statistics on case receipts, interviews conducted, whether or not fear was established, and case closings.
USCIS Asylum Office Workload for July 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for July 2015.
USCIS Asylum Office Workload for August 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for August 2015.
USCIS Asylum Office Workload for September 2015
USCIS asylum offices’ workload, broken down by office, stage of the asylum case and nationality to applicants, for September 2015.
USCIS Statistics with Credible and Reasonable Fear Nationality Reports for FY2015
USCIS provides statistics on the top five nationalities for credible fear and reasonable fear interviews for FY2015.
USCIS Fact Sheet on Refugee Security Screening
USCIS released a fact sheet on the security screening and background checks required by the U.S. Refugee Admissions Program (USRAP), including information on the refugee process, USRAP screening, the USCIS refugee interview, CARRP process, enhanced review of certain Syrian cases, and CBP vetting.
USCIS Statistics on Credible Fear Workload for FY2015
USCIS statistics on credible fear workload for FY2015, including statistics broken down by month, number of case receipts, interviews conducted, and a breakdown of all decisions. Also includes statistics broken down by total caseload, inland caseload, and port of entry caseload.
For Many, “Beautiful Honduras” Isn’t.
A couple of weeks ago, I read a piece in the Huffington Post quoting Wisconsin Senator Ron Johnson saying that it's okay to deport kids to Honduras because it's “a beautiful country.“ Reading this ridiculous comment, I felt I had to share my knowledge of what is driving children to flee their
GAO Report on Additional Actions Needed to Assess and Address Fraud Risks in Asylum Program
The GAO issued a report on asylum fraud risks, recommending that DHS and DOJ conduct fraud risk assessments, implement tools for detecting fraud patterns, develop asylum-specific guidance for fraud detection roles and responsibilities, and implement timeliness goals for pending termination reviews.
Practice Alert: Tips and Tricks for Filing Reentry Permit Applications
The AILA NSC Liaison Committee provides an updated practice alert with tips and tricks for filing reentry permit applications.
When the Narrative Shifts
I joined AILA's Executive Committee with quite a bit of media experience under my belt. One thing I've known for a long time is that the news cycle can turn on a dime and what you may have thought you'd be talking about with a reporter can change, sometimes mid-interview. As an example - AILA's [
CA9 Says BIA Erred in Not Addressing the Family Aspect of Petitioner's Social Group Claim
The court held that, in the face of the Guatemalan petitioner's social group claim and the evidence that gang members killed his father and cousin and threatened his sister, the BIA erred in failing to address the family aspect of his social group claim. (Flores-Rios v. Lynch, 12/1/15)
National Security Leaders Oppose Legislation that Halts Resettlement of Syrian and Iraqi Refugees
On 12/1/15, a bipartisan group of national policy experts, including former Secretaries of State Madeline Albright and Henry Kissinger, expressed opposition to measures that would end the refugee resettlement program for Syrians and Iraqis.
Sign-On Letter Urging Legislators to Oppose Policy Riders That Harm the U.S. Refugee Resettlement Program
On 12/1/15, AILA joined faith, labor, refugee, and humanitarian aid organizations, as well as civil and human rights groups, in urging members of Congress to support the U.S. refugee resettlement program and oppose any policy riders that would stop, pause, or defund resettlement of Syrian refugees.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (December 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 December 2015 and should be used as a starting point in research.
DOJ OIL December 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2015, with articles on Almanza-Arenas v. Lynch, Castaneda v. Souza, and recent amendments to the Visa Waiver Program, as well as summaries of circuit court decisions for December 2015.
NILC Guide to SSI Extension Law for Humanitarian Immigrants
The National Immigration Law Center (NILC) released a guide with the overview of immigrant eligibility for federal programs.
DHS Privacy Act Notice on 010 Asylum Information and Pre-Screening System of Records
DHS notice of Privacy Act system of records that allows for the collect of records pertaining to asylum applications, credible fear and reasonable fear screening processes, and NACARA applications. Comments are due by 12/30/15; the updated system will be effective 12/30/15. (80 FR 74781, 11/30/15)