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: How President Obama Can Reform Immigration in His Last Year
AILA issued a report card on President Obama’s immigration efforts over the past seven years and made recommendations. AILA President Victor Nieblas Pradis states, “In his final year, President Obama can save thousands of lives, keep families together, and help our economy thrive.”
AILA Report Card: How President Obama Can Improve Immigration In His Last Year
AILA urges President Obama to lead on immigration and ensure lasting change for the nation, with recommendations in: refugee and humanitarian protection; the legal immigration system; enforcement; and protecting undocumented families and others with strong ties to America. Share the Report Card!
AILA Urges House Members to Oppose Suspending or Restricting Refugee Programs
AILA’s statement submitted to the House Judiciary Committee for a hearing on 11/19/15 titled “The Syrian Refugee Crisis and its Impact on the Security of the U.S. Refugee Admission Program.”
AILA: Backlash Against Refugees Unbefitting of America
AILA President Victor Nieblas Pradis calls on the government to support the refugee settlement program, saying Syrian refugees “need protection and assistance, not barred and locked doors, or closed borders."
Sign-On Letter to Members of Congress in Support of Protecting Refugees
On 11/17/15, AILA joined humanitarian aid organizations, faith, labor, and civil and human rights groups in expressing support for the U.S. refugee resettlement program and opposing any proposals to suspend or restrict funding for Syrian and other refugees.
Recent Ninth Circuit Case Law November 2015
Summary of recent case law out of the Ninth Circuit, courtesy of the AILA Southern California Chapter. The information was compiled in November 2015 and should be used as a starting point in research.
Affirmative Asylum Scheduling Bulletin (11/12/15)
USCIS’s Affirmative Asylum Scheduling Bulletin as of 11/12/15. This Bulletin explains how the Asylum Division has prioritized the adjudication of affirmative applications for asylum.
USCIS Extension of Comment Request Period on DHS Testing in Refugee Cases
USCIS 30-day notice on the comment request period for Form G-1294/Form G-1295, to allow I–590 applicants to use AABB accredited laboratories to prove parent-child relationships. USCIS also seeks to conduct a simultaneous Rapid DNA testing pilot. Comments are now due 12/14/15. (80 FR 69976, 11/12/15)
Sign-on Letter Raise Concerns About Access to Asylum for Anyone with a Prior Removal Order
On 11/9/15, AILA joined 63 organizations in urging the Department of Homeland Security to undertake rulemaking that would allow all asylum seekers, including individuals with prior removal orders, to apply for asylum, in addition to withholding removal.
AILA Amicus Brief on Whether Reinstatement Bar on "Relief" Bars Asylum Applications
AILA filed an amicus brief with the Fifth Circuit in Ramirez-Mejia v. Lynch supporting rehearing en banc and arguing that the more specific bars to asylum in the asylum statute govern the question and control, rather than the more general bar on "relief" in the reinstatement statute.
USCIS Guidance for Adjudicating LGBTI Refugee and Asylum Claims
USCIS provided guidance and guidelines given to RAIO officers on adjudicating and considering immigration benefits, petitions, protections, and other immigration-related requests by lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals. Special thanks to David Cleveland.
Warning: Content Not Safe for Your Peace of Mind
Ana was all of 11 days old when we met at the Berks Detention Center. She was not always the most cooperative client. I don't believe she even bothered to look at me in the two weeks she resided at the detention center. In fact her eyes didn't open at all. She had extremely poor […]
Babies in Jail
“What are they being detained for, spilling milk?“ Those are the words of my friend Dawn when I told her I was volunteering at “baby jail“ for the week. Something about her response struck a nerve with me. To every sane, reasonable person in the U.S., the thought of putting a baby in ja
The Un-American Nature of Prison Bed Quotas
It has never been easy to be an immigration attorney. Faced with combatting injustice without sufficient resources, those of us who represent detained immigrants have seen these challenges increase with the recent hyper-growth of the private prison industry (PPI): 1600% increase in the number of be
An Unforgivable Waste
It was not until I sat on the plane, notebook open, pen in hand, when it hit me. The emotion came; I felt the tightening in my throat and tears forming in the corners of my eyes. It was only now that I could allow myself to fully process what I had just finally witnessed […]
DOS Fact Sheet on Refugee Resettlement in the United States
DOS provides a fact sheet on refugee resettlement in the United States, including information on where refugees came from between FY2006 and FY2015 and the resettlement process.
Immigration Law Advisor, October 2015 (Vol. 9, No. 9)
The October 2015 Immigration Law Advisor, a legal publication from EOIR, includes with an article on fraud and the unauthorized practice of law in immigration proceedings, as well as summaries of circuit court decisions from September 2015 and regulatory updates.
BIA Finds Attorney Provided Ineffective Assistance by Failing to Raise Domestic Violence Asylum Claim
Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to argue that respondent qualified for asylum under Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), and by failing to file a brief on appeal. Special thanks to IRAC. (Matter of L-Y-O-B-, 11/2/15)
DOJ OIL November 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for November 2015, with articles on Texas v. United States and DACA, as well as summaries of circuit court decisions for November 2015.
Recent Decisions from 11th Circuit Court of Appeals and District Court Decisions (October 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 October 2015 and should be used as a starting point in research.
Protecting the Survivors
Since October is Domestic Violence Awareness Month, we wanted to take this opportunity to draw attention to the need for AILA member expertise to help survivors, the challenges involved, and also highlight some ways that immigration attorneys can make a huge difference by getting involved and offeri
UNHCR Report on Refugee Crisis as Women Flee Central America and Mexico
The UN Refugee Agency (UNHCR) published a report, “Women on the Run” that was based on interviews conducted with 160 women forced to flee their homes in Central America and Mexico to escape growing violence in their communities.
Written Testimony from USCIS on Syrian Humanitarian Crisis
Written testimony from Leon Rodriguez, Director of USCIS, for the 10/27/15 “Examining the Syrian Humanitarian Crisis from the Ground (Part II) hearing. Mr. Rodriguez discussed refugee resettlement case processing, security checks, and the refugee admissions pipeline.
CA7 Finds IJ Misconstrued Petitioner's Testimony Regarding Wife's Procedure
The court held that the IJ misunderstood petitioner’s testimony, and that the IJ erred by concluding that petitioner could not show past persecution because he resisted only his wife’s forced contraceptive implant, as opposed to a forced abortion or sterilization. (Wang v. Lynch, 10/26/15)
Dilley and Baseball
My recent trip to Dilley, Texas, was a joy, a pleasure, a treat. Not exactly what you would expect me to say in this piece, but in comparison to the hellhole that was Artesia, Dilley was refreshing. Maybe because of the great staff, the routine, the fact that there was not a major crisis the [R