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
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.
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.
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 […
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)
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 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
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.
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)
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
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 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