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
CA9 Upholds District Court’s Conclusion That Government’s Metering Policy Is Unlawful
The court largely affirmed a district court decision holding that the government’s systematic turnbacks—or “metering”—of people seeking asylum at ports of entry along the U.S.-Mexico border was unlawful. (Al Otro Lado, et al. v. Mayorkas, et al., 10/23/24)
Resources on Litigation Related to Challenging CBP's Unlawful Practice of “Metering” Asylum Seekers
Find resources related to Al Otro Lado v. Mayorkas, a class action lawsuit challenging the government’s practice of turning back asylum seekers at ports of entry (POEs) along the U.S.-Mexico border.
CA9 Remands Asylum Claim Where M-18 Gang Made Specific and Menacing Death Threat Against 14-Year-Old Petitioner
The court held that the petitioners, a mother and her son, established that they suffered harm rising to the level of persecution, finding that members of the M-18 gang who murdered the son’s father were willing and capable of murdering the petitioners. (Corpeno-Romero v. Garland, 10/22/24)
CA1 Finds IJ’s Adverse Credibility Determination as to Former Bodyguard in Guatemala Was Supported by Substantial Evidence
The court upheld the denial of asylum as to the Guatemalan petitioner, who formerly worked as a bodyguard for a congressman and feared returning to Guatemala because he believed that he would be the target of extortions and threats by gang members. (Garcia Oliva v. Garland, 10/21/24)
Presidential Determination on Refugee Admissions for FY2025
Memorandum for the Secretary of State with the presidential determination of the admission of up to 125,000 refugees during FY2025. (89 FR 82767, 10/18/24)
CA1 Upholds Asylum Denial to Ecuadorian Business Owner Subjected to Extortion Attempts and Death Threats
The court held that substantial evidence supported the BIA’s finding that petitioner, the owner of a taxi company in Ecuador who had been targeted in extortion attempts by gang members and received death threats, failed to show past or future persecution. (Vargas-Salazar v. Garland, 10/17/24)
CA1 Upholds Denial of Special Rule Cancellation under NACARA to Salvadoran Petitioner
The court upheld the denial of petitioner’s special rule cancellation of removal application under the Nicaraguan Adjustment and Central American Relief Act (NACARA), finding he had not shown exceptional and extremely unusual hardship to himself or his spouse. (Figueroa v. Garland, 10/17/24)
USCIS Clarifies Guidance on Expedite Requests
USCIS clarified how it will consider expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This guidance is effective immediately and is controlling and supersedes any related prior guidance.
Immigration-Related Agency Updates Related to Hurricane Milton
We know that Hurricane Milton is on many of your minds. Here is a round-up of current agency information related to how they might handle the aftermath.
CA9 Finds Mexican Government Was Unable or Unwilling to Control Petitioner’s Attackers in Home Invasion
The court held that the record evidence showed that petitioner experienced harm committed by forces that Mexican authorities were either unable or unwilling to control, and that BIA erred by failing to consider highly probative evidence of nexus. (Meza Diaz v. Bondi, 10/8/24, amended 2/25/25)
CA1 Upholds Denial of Asylum as to Salvadoran Petitioner Threatened by MS-13 Gang
The court held that petitioner’s proposed particular social group (PSG) of “Salvadoran men who resist gang recruitment” was not valid, and found that the IJ did not err in concluding that he had not made a sufficient nexus showing as to his other two PSGs. (Alvarado-Reyes v. Garland, 10/7/24)
DHS/DOJ Final Rule on Securing the Border
DHS/DOJ final rule revising regulatory text and seeking comments on potential changes to the Circumvention of Lawful Pathways rule as well as changes that parallel modifications made by a subsequent Proclamation. Rule is effective on 10/1/24. Comments are due by 11/6/24. (89 FR 81156, 10/7/24)
AILA Met with USCIS on Customer Service Issues (10/7/24)
AILA met with USCIS on 10/7/24 to discuss short-term and longer-term customer service enhancement initiatives and related issues, including myUSCIS, the use of AI, filing intake and digitization processes, and more. AILA provides notes and its agenda from its quarterly engagement with USCIS.
Policy Brief: Analysis of Proclamation and Interim Final Rule on “Securing the Border”
President Biden signed a proclamation, and the Administration issued an Interim Final Rule as well as a Final Rule, “Securing the Border,” relying in part on the authority in INA 212(f) that will effectively bar access to asylum for most people arriving between ports of entry when in effect.
CA9 Remands Asylum Claim Where BIA Misapplied Matter of R–K–K– and Erred in Internal Relocation Analysis
Granting the petition for review of the BIA’s affirmance of the IJ’s denial of asylum, the court held that the BIA erred by misapplying Matter of R–K–K– in making its adverse credibility determination, and also erred in its internal relocation analysis. (Singh v. Garland, 10/4/24)
Biden Administration Cements Harmful Asylum Restrictions
AILA President Kelli Stump and Executive Director Ben Johnson respond to the Biden Administration’s codification of harmful policies that are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.
Points of Contact for Credible Fear Interviews in CBP Custody
DHS provided a “Points of Contact for Credible Fear Interviews in CBP Custody” spreadsheet. This includes contacts for Border Patrol, USCIS Asylum, and EOIR.
CRS Provides FAQs on Credible Fear and Defensive Asylum Processes
The CRS report addresses FAQs about credible fear and asylum, including those related to expedited and formal removal processes; credible fear screening processes, criteria, and legislative history; procedural protections; and data regarding credible fear and asylum outcomes.
CA6 Finds BIA Erred in Making No-Nexus Determination with Regard to Guatemalan Petitioners’ Family Membership PSG
The court held that the BIA erred in concluding that the petitioners had failed to establish a sufficient nexus between their persecution and their family membership, and thus vacated the denial of their asylum and withholding of removal claims. (Mazariegos-Rodas, et al. v. Garland, 9/20/24)
Think Immigration: Breaking Down Barriers - Improving Asylum Laws for Queer Migrants
AILA DEI Scholarship Award winner Abby Leigh advocates for changes to asylum law, describing reforms necessary in order to “offer LGBTQIA+ asylum seekers a meaningful chance to claim protection and live up to America’s promise of safety for those fleeing persecution.
EOIR's Varick Immigration Court to Host Model Hearing Program Event
Join the EOIR's Model Hearing Program on 9/30/24, at New York – Varick Immigration Court and via Webex. This event offers crucial training on Asylum, Withholding of Removal, and related protections. Register by email for in-person attendance or via Webex. For details, contact PAO.EOIR@usdoj.gov.
CA2 Finds BIA Incorrectly Applied “Unable or Unwilling to Control” Standard Where Honduran Petitioner Was Abused as a Child
The court found that, in deciding that petitioner failed to show that Honduran officials were unable or unwilling to protect her, the BIA failed to consider whether it would have been futile for an abused child to seek protection from the government. (Castellanos-Ventura v. Garland, 9/13/24)
Forced Marriage in the United States Webinar Series
The Tahirih Justice Center invites you to a comprehensive training webinar series providing foundational knowledge of forced marriage as a form of gender-based violence and the abusive tactics often utilized to force an individual at risk to comply with the marriage demands. Register today.
Think Immigration: From “Alien” to “Noncitizen”: The Subtle Power of Language in U.S. Appellate Courts
AILA Law Student Member Bill De La Rosa and co-author Zachary Neilson-Papish share new research examining how terms like “alien” and “noncitizen” have been used in U.S. courts of appeal in an effort to “gain insights into potential biases and work toward a more equitable legal system.”
USCIS Proposed Settlement Agreement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.
USCIS provides notice of proposed class action settlement in J.O.P. et al. v. U.S. Department of Homeland Security, et al.. The agreement will not take effect until it is given final approval by the court following a fairness hearing on November 25, 2024.