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
RAIO Combined Training Course: International Human Rights Law
This module introduces asylum officers to the fundamentals of international human rights law. Officers learn about the sources of international law, including treaties and customary international law.
Mexican Consulates Will Issue Birth Certificates…Starting Today!
A longtime struggle for many Mexican citizens living in the United States is the inability to access their birth records. Some may have been born in a state where they no longer have contacts and they struggle to acquire their birth certificate. In practice, this can definitely be a significant hu
CA8 Affirms BIA’s Denial of Withholding and CAT Relief for Chinese Petitioner
The court upheld the BIA’s denial of withholding and CAT relief, finding that substantial evidence supported the BIA’s determination that petitioner failed to demonstrate it was more likely than not that she would be persecuted or tortured if she returned to China. (Chen v. Holder, 1/15/15)
CA8 Holds Substantial Evidence Supports IJ’s Adverse Credibility Determination
The court denied the petition to review the asylum, withholding, and CAT denials, finding that the Somali petitioner’s inconsistent testimony and lack of corroborating evidence provided substantial evidence to support the IJ’s adverse credibility determination. (Ali v. Holder, 1/8/15)
DOJ OIL January 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for January 2015, with an articles on Husic v. Holder and the AAO's publication of its practice manual, as well as summaries of circuit court decisions for January 2015.
RAIO Training on Refugee Definition and Persecution
RAIO internal training Powerpoint on legal definitions of refugee and persecution.
Helping to Free Moms and Kids from Artesia, Part 2
In this second segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Kim Hunter shares her client's story of winning asylum while in Artesia and discusses what it is like spending the holidays in a family detention center.
CA11 Remands for BIA to Consider All Types of Abuse in Religious Persecution Claim
The court remanded for the BIA to clarify whether it considered all the types of abuse unique to religious persecution, including both non-physical and physical harm, in light of Shi v. Att’y Gen., when it denied the claim of past persecution. (Huang v. Holder, 12/24/14)
Helping to Free Moms and Kids from Artesia, Part 1
In this first segment of a multi-part series, AILA member and Artesia Pro Bono Project volunteer Lisa Laurel Weinberg shares her client's story of winning asylum while in the Artesia family detention center.
Letter to President Obama Opposing Family Detention Facility in Dilley
A 12/18/14 letter from AILA and over 120 other advocacy organizations to President Obama opposing the opening of the new family detention facility in Dilley, Texas.
Asylum Granted to Artesia Detainee from Guatemala
Unpublished IJ decision granting asylum to respondent whose husband was targeted by M-18 in Guatemala, finding she is eligible for asylum because she established past persecution on account of her membership in a particular social group. Courtesy of Dree Collopy.
ACLU Complaint Challenging Obama Administration for Detaining Asylum Seekers as Intimidation Tactic
Nationwide class-action lawsuit filed by the ACLU seeking injunctive and declaratory relief, challenging the Obama Administration’s policy of detaining asylum-seeking mothers and children to intimidate others from coming to the U.S. (R.I.L.R. v. Johnson, 12/16/14)
BIA Finds Violation of Protective Order Must Relate to Domestic Violence
Unpublished BIA decision orders further consideration of whether respondent is removable under INA 237(a)(2)(E)(ii) because the IJ did not determine whether the protective order he violated was issued to prevent domestic violence. Special thanks to IRAC. (Matter of Umanzor Cabrera, 12/11/14)
BIA Remands for Consideration of Gang-Related Asylum Claim
Unpublished BIA decision remands record because the IJ issued an order of removal without letting the respondent file an asylum application after he expressed a fear of harm by gangs in El Salvador. Special thanks to IRAC. (Matter of Marroquin-Dimas, 12/10/14)
BIA Says Respondent Is Eligible for Withholding on Account of His Political Opinion
Unpublished BIA decision sustaining appeal from withholding denial, finding the violence and intimidation that respondent faced in Belarus, including being convicted and detained for 15 days, and having been kicked and punched by the police, constitute past persecution. Courtesy of Alexander Segal.
The Happiest Day Still Shadowed by Injustice
Yesterday was one of the happiest days in my life as an immigration lawyer. I'm helping out pro bono with clients at the Karnes Family Detention Center in Texas and yesterday Immigration Judge Glenn McPhaul granted a $1500 bond to my client from El Salvador and her 19 month old toddler. They've both
Do You Have a “Former Gang Member” Case on Appeal to a Circuit Court? Tell the AILA Amicus Committee!
AILA's Amicus Committee seeks asylum/withholding cases currently on appeal to a circuit court, where the BIA has applied its recent precedent, Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and refused to recognize a proposed "particular social group" composed of former gang members.
CA2 Finds Economic Harm May Amount to Fear of Future Persecution
The court granted the petition as it pertained to feared future persecution, finding that imposition of an extraordinarily severe fine, even without payment, can support an alien’s well-founded fear of future economic persecution if returned to his native country. (Chen v. Holder, 12/5/14)
DOS Launches In-Country Refugee/Parole Program for Minors in Central America
DOS press release that on 12/3/14, parents lawfully present in the U.S. may request a refugee resettlement interview for their unmarried children under 21 in El Salvador, Guatemala, and Honduras. Children found ineligible for refugee admission may be considered for parole on a case-by-case basis.
IJ Grants Withholding to Single Mother Fleeing Violence in Guatemala (Updated 12/8/14)
The IJ granted withholding to a single Guatemalan woman and asylum to her two children, after giving de minimus weight to the record of sworn statement completed by CBP, which stated that the respondent was coming to the United States to work and had no fear of return. Courtesy of Jacquelyn Kline.
DOJ OIL December 2014 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for December 2014, with an article on Abdisalan v. Holder and a report on ICE’s enforcement and removal operations, as well as summaries of circuit court decisions for December 2014.
AIM: Artesia from a Distance
For November's Interview of the Month, member of AILA's Media Advocacy Committee and Artesia volunteer Dree Collopy discusses returning from Artesia and taking a case through merits for an Artesia client while being long-distance.
Presidential Memo on Creating Welcoming Communities and Fully Integrating Immigrants and Refugees
Presidential memorandum for the heads of executive departments and agencies on the creation of the White House Task Force for New Americans, to assist with the creation of welcoming communities and fully integrated immigrants and refugees. (79 FR 70765, 11/26/14)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (11/21/14)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 11/21/14. Topics include body cameras, use of force training, credible fear interviews, I-94 automation, blanket L validity, FOIAs, ARO, Trusted Traveler, and advance parole.
Who Are We Turning Away?
A pregnant woman, separated from her husband in a time of regional conflict and instability, flees the central region of her country with a single suitcase and her 2 year old daughter and 1 year old son. The goal is to travel by train to the closest major southern land border in the hopes of […