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
Harvard Law School Report on Canada/U.S. Border Policy and the Politics on Refugee Exclusion
The Harvard Immigration and Refugee Law Clinical Program report titled “Bordering on Failure: Canada – U.S. Border Policy and the Politics of Refugee Exclusion” explores the reforms that Canada has implemented since June 2012 to its refugee system.
CA1 Denies Asylum to Former 18th Street Gang Member from El Salvador
The court denied the petition for review, upholding the BIA’s finding that membership in a violent criminal street gang cannot serve as the basis for protected-group status under the INA. (Cantarero v. Holder, 10/31/13)
District Court Awards $20,000 in Attorney’s Fees in FOIA Lawsuit
Settlement agreement reached in district court in a FOIA lawsuit seeking the release of asylum officer notes. The agreement stipulated that DHS pay $20,000 in attorney’s fees. DHS handed over the asylum officer notes prior to settlement. (Hemed v. DHS, 10/30/13)
CA10 Upholds Cancellation of Removal Denial
The court denied the petition for review, finding that since the Petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal under INA §240A. (Velasco v. Holder 10/29/13)
CA10 Dismisses Untimely Petition for Review for Lack of Jurisdiction
The court dismissed the untimely petition for review for lack of jurisdiction, finding that the initial removal order was final, notwithstanding a subsequent remand to the IJ regarding voluntary departure. (Batubara v. Holder, 10/28/13)
AILA Liaison CBP Meeting Minutes with Supplemental Committee Notes (10/28/13)
The AILA CBP Liaison Committee provides approved Q&As and supplemental notes from their meeting with CBP on 10/28/13. Topics include I-94 automation, DOMA, preclearance operations, provisional waivers, nonimmigrant adjudications, credible fear interview, and prioritizing petition adjudication.
AILA/CBP Liaison Q&As (10/28/13)
Official questions and answers from the 10/28/13 AILA liaison meeting with CBP. Topics include I-94 automation, DOMA, Global Entry, preclearance operations, provisional waivers, nonimmigrant petition adjudications, credible fear interview, and prioritizing petition adjudication.
PowerPoint Presentations from CIS Ombudsman’s Office Third Annual Conference
PowerPoint presentations from the 10/24/13 Third Annual Conference of the Ombudsman's Office. Invitation and agenda are also included.
CA9 Remands Asylum Denial for Russian Citizen Opposing War in Chechnya
The court granted the petition and remanded, holding that the IJ violated due process by allowing the government to introduce a forensic report concerning a medical document without prior notice and by refusing a continuance to investigate the report. (Bondarenko v. Holder, 10/25/13)
CA1 Denies Withholding and CAT Relief to Ecuadorian National
The court upheld the denials of the motions to reopen, agreeing with the BIA that the Petitioner failed to establish a statutorily protected ground of persecution and failed to demonstrate ineffective assistance of counsel. (Muyubisnay-Cungachi v. Holder, 10/25/13)
CA1 Denies Asylum and Withholding for Guatemalan National on Jurisdictional Issue
The court held that the administrative exhaustion requirement is satisfied as to particular issues when the BIA addressed those claims on the merits, regardless of whether the petitioner himself raised them, and denied the petition for review. (Mazariegos-Paiz v. Holder, 10/25/13)
USCIS Asylum Division Stakeholder Meeting Agenda and Unofficial Notes (10/22/13) (Updated 3/18/14)
Agenda and unofficial notes from the 10/22/13 USCIS Asylum Division Quarterly Stakeholder meeting. Topics include Asylum Division updates, statistics, recent policy memoranda, the affirmative asylum application backlog, headquarters review, travel documents, NCSC, and more.
USCIS Provides Asylum Statistics from 10/22/13 Stakeholder Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 10/22/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Presidential Determination of Refugee Admissions for FY2014
Presidential determination through memorandum for the Secretary of State with refugee admissions for FY2014, including regional allocations. (78 FR 62415, 10/21/13)
U.S. Reaches Refugee Admission Target for First Time Since 1980
DOS press release that the U.S. brought 69,930 refugees to live in the U.S. in FY2013, which is the closest to the authorized refugee admissions ceiling of 70,000 than in any year since 1980.
USCIS Revised Decision Letter Templates as Appendices to the AAPM
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, announcing the issuance of revised decision letter templates to replace the current versions that are appendices to the Affirmative Asylum Procedures Manual (“AAPM”).
USCIS Revised Procedures on Failure to Appear for Asylum Interviews and Reschedule Requests
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ governing an asylum applicant’s failure to appear for an asylum interview and the submission of requests to reschedule an asylum interview.
Application of the "Exceptional Circumstance" Standard in Cases Where Applicant Failed to Appear for Asylum Interview
A 10/17/13 memo from John Lafferty, Chief of Asylum Division, providing revised procedural guidance to USCIS Service Centers’ application of the “exceptional circumstances” standard in cases where an applicant has failed to appear for an asylum interview.
CA1 Denies Asylum to Petitioner Involved in Albania’s Democratic Party
The court affirmed the final removal order, finding the BIA and IJ denial of the application for asylum was supported by substantial evidence, including evidence from DOS country reports of fundamental political changes in Albania. (Vasili v. Holder, 10/16/13)
CA4 Denies Motion to Reopen for Estonian-born Russian Citizen
The court denied the untimely motion to reopen the removal proceedings, holding that equitable tolling was not appropriate because the petitioner failed to show any wrongful conduct from the government or any other extraordinary circumstances. (Kuusk v. Holder, 10/16/13)
AILA Amicus Brief on Past Persecution of LGBT Children
AILA amicus brief file with the Eleventh Circuit, arguing that immigration judges and the BIA should consider the cumulative impact of all harms when assessing persecution in an asylum/withholding case, including the particular vulnerabilities of LGBT children.
CA1 Denies Withholding and CAT Relief to ICE Informant
The court upheld the withholding and CAT denials, finding that “former ICE informants who have acted against Brazilian citizens resulting in their deportation” did not constitute a social group and that the persecution was on account of a personal vendetta. (Costa v. Holder, 10/4/13)
BIA Remands CAT Claim Where IJ Ignored Evidence
Unpublished BIA decision remands for further consideration in the abundance of caution the deferral of removal where IJ failed to consider evidence regarding prison conditions in Thailand and the basis for the denial was unclear. Special thanks to IRAC. (Matter of V-V-, 10/4/13)
BIA Finds IJs Failed to Sufficiently Examine Possible Asylum Claim
Unpublished BIA decision remands for further consideration of potential asylum claim where respondent asserted fear of gangs in El Salvador. Special thanks to IRAC. (Matter of Monge, 10/3/13)
Asylum Work Authorization Class Action Lawsuit (Updated 2/6/14)
Information on the nationwide class action lawsuit on the asylum EAD clock, B.H., et al. v. U.S. Citizenship and Immigration Services, et al. (also referred to as the ABT Settlement Agreement).