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
District Court Says Asylum Seeker on Parole May Be U.S. Resident for Venue Statute Purposes
The court denied defendant's motion to transfer for reason of lack of proper venue, holding that the clear language of 28 USC §1406(e)(1) permits a person on parole seeking asylum in the U.S. to be a U.S. resident for purposes of the venue statute. (Quiñones Flores v. USA, 6/11/15)
CA8 Finds Guatemalan Petitioner’s Repeated Physical Abuse Not Persecution
The court held that the BIA was not compelled to find that the physical abuse inflicted on the petitioner by his aunt, cousin, and a group of his cousin’s friends amounted to persecution, either in isolation or cumulatively. (Barillas-Mendez v. Lynch, 6/4/15)
CA6 Says Asylum Applicants Not Entitled to Notice of Necessary Corroborating Evidence
The court held that INA §208(b)(1)(B)(ii) does not require immigration courts to give asylum applicants advance notice regarding the sort of evidence they must produce to prevail in their efforts to remain in the United States. (Gaye v. Lynch, 6/9/15)
BIA Holds Marriage Is Not a Requirement for Domestic Violence Asylum Claims
Unpublished BIA decision holds that Matter of A-R-C-G- does not require applicants seeking asylum based on domestic violence to have been married to their abuser. Special thanks to IRAC. (Matter of D-M-R-, 6/9/15)
Immigration Law Advisor, May 2015 (Vol. 9, No. 5)
Immigration Law Advisor, a legal publication from EOIR, with an article on the Convention Against Torture and third-party abuse, as well as summaries of circuit court decisions for April 2015, as well as summaries of recent BIA precedent decisions.
Life or Death Consequences: Part 2
Read Part 1 of this blog post. The story continues… A few days later, I got a desperate email from our local staff: we only had two volunteers lined up for the next week. Worse yet, one lawyer was only available for three days and the other didn't speak Spanish. Continuity was critical: we
AILA: 33 Senators Call for an End to Family Detention
AILA President Leslie A. Holman commended 33 senators for their forceful call to end family detention, saying “Nearly three-quarters of the Members of Congress from the President’s own party have now called on the Administration to end this shameful practice. Isn’t it time for him to listen?”
AILA Brief in BIA Artesia Case on Border Statements and CFI Q&A’s
AILA amicus brief with the BIA, arguing that the I-867A/B, I-870, and I-899, pertaining to statements made at border interviews and credible fear interviews (CFI), are unreliable, and that DHS must demonstrate their reliability each time one of these documents is used for impeachment purposes.
Life or Death Consequences: Part 1
I wasn't going to do it. It was just crazy stupid. We didn't have the resources. The hearing was in 20 hours, and that just wasn't enough time to put a case together. And yet, knowing that there were life or death consequences, how could I tell the young mother and little boy sitting in […]
DOJ OIL June 2015 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for June 2015, with articles on Kerry v. Din and Mata v. Lynch, as well as a discussion of H-1B fraud prosecution and summaries of circuit court decisions for June 2015.
CA3 Finds There Is No Duress Exception to the Material Support Bar
The court upheld the BIA’s denial of petitioner’s asylum application, finding that voluntary as well as involuntary material support, even when provided under threat of death, bars an immigrant from receiving asylum or withholding of removal. Amended on 6/1/15. (Sesay v. Att’y Gen., 5/26/15)
BIA Says Predictive Findings of What May Occur in the Future Are Findings of Fact
The BIA held that an IJ’s predictive findings of what may occur in the future are subject to a clearly erroneous standard of review, but whether an applicant has established an objectively reasonable fear of persecution is reviewed de novo. Matter of Z-Z-O-, 26 I&N Dec. 586 (BIA 2015)
There’s Something Happening Here
I haven't heard immigration lawyers called heroes many times before (though I know a lot who are). And I'm pretty sure it's the first time I've ever heard it from a sitting member of Congress. But that's what happened Thursday when Congressman Beto O'Rourke (D-TX) said that AILA member Dree Collopy
House Members Hold Press Conference to #EndFamilyDetention (5/21/15)
Members of the House held a press conference to demand that DHS end family detention. Watch video of this moving and impactful press conference.
AILA Offers Reality Check on ICE Family Detention Announcement
This document highlights the key aspects of the new plans by Immigration and Customs Enforcement for “enhanced oversight for family residential centers,” and points out the difference between what ICE says and what AILA knows from our ongoing efforts to end family detention.
USCIS PowerPoint Presentation on Female Genital Mutilation
USCIS provided a PowerPoint presentation on female genital mutilation (FGM), including information that FGM could be sufficiently serious to rise to the level of persecution and that testimony alone is sufficient to adjudicate all asylum claims, including FGM. Special thanks to David Cleveland.
Approaching Liberty
It was some months ago, which seems like yesterday, that volunteers representing the detained children and women in Artesia, New Mexico, were confronted with immigration judges in Arlington, Virgina who said no. There were hearings before one Immigration Judge who would go on and on and on about nat
AILA: Little Meaningful Change in ICE Announcement on Family Detention
AILA President Leslie A. Holman responded to the announcement of plans by Immigration and Customs Enforcement (ICE) for “enhanced oversight for family residential centers” saying the plans do “almost nothing to address the fundamental issue that there is no humane way to detain families.”
NSC Liaison Q&As on Refugee and Asylee Issues (5/14/15)
The NSC Liaison Committee’s unofficial Q&As from the 5/14/15 teleconference on refugee and asylee issues, and other issues with NSC. Topics include: document production, I-765 a(5) and c(8), I-730s, I-485s, I-589s, and waivers.
BIA Remands Petitioner’s Asylum Claim in Light of Recent PSG Decisions
Unpublished BIA decision finding remand is warranted for the IJ to reconsider the issue of whether the petitioner, who was abused as a child by her mother’s live-in boyfriend, was harmed on account of her membership in a particular social group (PSG). Courtesy of Diana M. Bailey.
AILA Quicktake #125: First Asylum Win in Dilley
AILA member and CARA Family Detention Pro Bono Project volunteer Kim Hunter shares the news of her client's asylum victory after her client was detained in the Dilley family detention facility.
Segura
Driving out of the Dilley detention center last Friday, an awareness hung over me as certain and cloudy as the sky itself. I'd just spent the week volunteering with the CARA Family Detention Pro Bono Project. As we pulled onto I-35 towards San Antonio, I scanned the open road and considered that mos
USCIS Statistics on Asylum Applications Filed by Nationals of Syria
USCIS provided statistics on asylum applications filed by nationals of Syria, with data from FY1993 through FY2015, with FY2015 data through 3/31/15.
Accessing Justice Requires a Guide
The three-year-old boy was a charmer, no question, so it was disorienting to encounter him in a detention facility in Texas. He loved being pushed in a stroller by his 19-year old mother, barely out of childhood herself. How did they get there? D- is an indigenous woman who married very young in Gua
USCIS Memo on Implementation of Discretionary Exemption for Certain Limited Material Support
USCIS policy memorandum (PM-602-0112) providing adjudicators guidance on the implementation of the discretionary exemption authority under §212(d)(3)(B)(i) of the INA for the provision of certain limited material support.