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
BIA Remands Motion to Reopen Denial for Russian Respondent
Unpublished BIA decision remanding, finding that given the current country conditions in Russia, the events described by respondent establish a reasonable likelihood that statutory requirements for relief sought have been satisfied. Courtesy of Alexander Segal.
NIJC Infographic Showing How Erroneous Expedited Removals Derail Future Asylum Claims
Infographic created by NIJC to illustrate how CBP officers’ failure to properly screen individuals to determine whether they have a fear of returning to their home countries can lead to erroneous expedited removals and derail future asylum claims.
FY2014 USCIS Asylum Division Statistics on Credible and Reasonable Fear Cases
USCIS Asylum Division report with credible and reasonable fear workload’s statistics for the FY2014. The report also includes statistics on caseload by port of entry and by the asylum offices, and nationality report by top 5 countries.
CA4 Upholds Asylum Denial for Indonesian Christian
The court held substantial evidence supported the BIA’s determination that petitioner did not qualify for asylum as a Christian Indonesian, and that accounts in country reports and articles with her application were insufficient to compel a contrary conclusion. (Mulyani v. Holder, 11/14/14)
CA4 Declines to Review Motion to Reopen for Chinese Male Petitioner
The court found that the BIA’s reliance on the 2007 DOS Country Profile was reasonable and the BIA did not abuse its discretion in determining that the petitioner’s submissions did not establish changed country conditions in China related to the one-child policy. (Lin v. Holder, 11/14/14)
AILA, NIJC, and Others File CRCL Complaint Reporting Serious Flaws in CBP Fear Screening
Complaint filed with the DHS Office of Civil Rights and Civil Liberties (CRCL) by NIJC, AILA, and others reporting that CBP officers regularly fail to properly screen individuals to determine whether they have a fear of returning to their home country.
CA9 Says IJ Erred in Denying Continuance to Submit Additional Arrest Documents
The court held the IJ abused her discretion in denying a continuance to submit into evidence additional arrest documents to prove past persecution since the reasoning was based on legal error and was inconsistent with factors set forth in Peng v. Holder. (Owino v. Holder, 11/4/14)
CA2 Says Persecutor Bar Prevents Chinese Petitioner from Seeking Asylum
The court found the record evidence sufficient to support a finding that petitioner assisted in persecution and was ineligible for asylum, since for two decades she reported women with unauthorized pregnancies, knowing they would be subjected to forced abortions. (Meng v. Holder, 11/3/14)
Artesia: A Day in the Tour of Duty, Part 4
This is what you need to know: The due process violations are still going on in Artesia. While the nation's attention is on other concerns like Ebola and the mid-term elections, mothers and children are still being detained in Artesia and other facilities. The work of the Artesia Volunteer Heroes
BIA Grants Motion to Reopen Due to Changed Conditions in Ukraine
Unpublished BIA decision granting the Motion to Reopen due to changed country conditions in Ukraine, and remanded for the respondent to present evidence in support of his application for asylum, withholding, and protection under CAT. Courtesy of Mark J. Devine.
Artesia: A Day in the Tour of Duty Part 3
*Some details have been changed to ensure privacy of clients. The rest of my day went like this: 2:45 pm. I return to the attorney's trailer. I prep two more clients for credible fear interviews taking place the next day. I meet with a young mother who belongs to the Maya Mam indigenous group in
CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation
The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
CRS Policy Overview of Legal Permanent Immigration to the U.S.
Congressional Research Service report on legal permanent immigration law, policies, and trends, providing a backdrop for the policy options and debates that may emerge as Congress considers a revision of the legal immigration system.
Artesia: A Day in the Tour of Duty, Part 2
*Some details have been changed to ensure privacy of clients. The day continues: 10:00 am. I get notified the Immigration Judge is ready for another client's bond hearing. I quickly ask for my client and request to be escorted to the trailer housing the Immigration Court. As we are walking to the
USCIS Asylum Office Workload for July-September 2014
USCIS asylum office workload, broken down by office, stage of the asylum case and nationality, for July 2014 through September 2014.
Artesia: A Day in the Tour of Duty, Part 1
Note: Some details have been changed to ensure privacy of clients. There was no way for me to explain my time at Artesia in one blog post. Instead, I offer a look at one of the days I spent there in posts today, continuing over the next three days as well. I hope readers get a […]
House Democrats Press DHS Against Expansion of Family Detention System
A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
AILA Law Student E-News, Fall 2014 (Vol 7, No. 1)
This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
CA1 Vacates and Remands Asylum Denial for Indonesian Christian
The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
District Court Awards Bad Faith Attorneys’ Fees Due to Government Misconduct
The court held that DOS and USCIS acted in bad faith prior to and during the J-1 waiver litigation proceedings, noting that the defendants’ conduct impaired the integrity of the judicial process while causing needless delays. (Guerra v. U.S., 10/21/14) Courtesy of Bob Gibbs and Neha Vyas.
AIM: DOMA and Immigration
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
FY2014 USCIS Asylum Division Credible and Reasonable Fear Interview Statistics
USCIS Asylum Division statistics on credible and reasonable fear interviews conducted in Artesia, Karnes, and nationwide from July 2014 through October 2014. The report also includes processing times and statistics on requests for consideration.
Championing the Vulnerable
As an immigration lawyer from Vermont, I was thrilled to see the recent letter that Senate Judiciary Chairman Leahy (D-VT), one of my Senators, led the charge on. What does that letter to the Department of Homeland Security condemn? The heartless and inhumane expansion of family detention. It is app
Senate Democrats Press DHS Against Expansion of Family Detention System
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.
Domestic Violence Advocates Call for End of Family Detention
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.