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
DOJ Notice on Forwarding of Asylum Applications to DOS
DOJ final rule amending the regulations to provide for sending asylum applications to DOS on a discretionary basis which will increase the efficiency of DOS’ review of asylum applications and is consistent with similar changes already made by USCIS. Rule effective 4/29/13. (78 FR 19077, 03/29/13)
U.S. Embassy in Khartoum, Sudan Resumes Consular Services
DOS press release stating that as of Monday, March 25th, 2013, the U.S. Embassy in Khartoum, Sudan will resume full consular services including non-immigrant visa (NIV) processing, follow-to-join refugee/asylee processing (visas 92/93), DNA testing and more.
Sen. Leahy and Rep. Lofgren Reintroduces Refugee Protection Act
A 3/21/13 press release and statement by Senator Leahy (D-VT) and Representative Lofgren (D-CA) on the reintroduction of the Refugee Protection Act.
DOS Notice on FY2014 Refugee Admission Program Meeting
DOS notice of public meeting on the President’s FY2014 U.S. Refugee Admissions Program on Wednesday, May 15, 2013. The meeting’s purpose is to hear the views of attendees on the appropriate size and scope of the FY2014 U.S. Refugee Admissions Program. (78 FR 17281, 3/20/13)
USCIS Provides Asylum Statistics from 3/19/13 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 3/19/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Asylum Division Officer Training Course on Credible Fear Determinations (3/7/13)
Lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course obtained by the National Immigration Project of the National Lawyers Guild, ACLU of Massachusetts, and the law firm of Proskauer Rose through FOIA litigation.
CA11 on Conviction under South Carolina Youthful Offender Act
The court held the petitioner’s conviction under the South Carolina Youthful Offender Act qualifies as a conviction for immigration purposes, and that the conviction for pointing a firearm at another person is a crime of violence. (Cole v. U.S. Att’y Gen., 3/14/13)
CA11 Criticizes Adverse Credibility Determination in Asylum Case
The court remanded the asylum case, finding that the IJ’s “bald assertion” that the petitioner’s story is implausible could not support the adverse credibility determination and that the IJ relied too heavily on the Country Profile. (Wu v. U.S. Att’y Gen., 3/12/13)
USCIS TRIG Statistics from 3/12/13 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 3/12/13, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
CA8 Denies Peruvian Asylum Claim Based on Political Opinion
The court upheld the BIA’s conclusion that the petitioner failed to show that Peruvian authorities were unable or unwilling to protect him from his persecutors. (Gutierrez-Vidal v. Holder, 3/11/13)
CA5 Finds DHS Collaterally Estopped from TRIG Finding Against Asylee
The court found that the government was collaterally estopped from finding that the plaintiff provided material support to a terrorist organization when it reviewed his LPR application. (Amrollah v. Napolitano, 3/4/13)
CA8 on “Particular Social Group” Requirement
The court denied the asylum claim, holding that “family members of local business owners” is not a particular social group and that the petitioner did not prove that he was targeted for gang recruitment because of his father's business. (Quinteros v. Holder, 3/1/13)
DOJ OIL February 2013 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) January 2013 Litigation Bulletin where the Sixth Circuit ruled that conspiracy to traffic in identification documents constitutes a crime involving moral turpitude.
DHS Annual Statistics on U.S. Legal Permanent Residents for FY2012
The DHS Office of Immigration Statistics March 2013 Annual Flow Report on U.S. Legal Permanent Residents (LPRs) for FY2012. In 2012, there were a total of 1,031,631 persons who became LPRs of the United States.
USCIS Permanently Closes Kingston, Jamaica Field Office on March 1, 2013
USCIS press release announcing that USCIS has permanently closed its field office in Kingston, Jamaica on March 1, 2013. After 3/1/13, the countries currently served by Kingston field office will be in the jurisdiction of Santo Domingo, Dominican Republic USCIS field office.
EOIR FY2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
BIA Reopens Case 10 Years After It Affirmed IJ's Decision
Unpublished BIA decision vacating 2003 order upon respondent's untimely motion to reopen/reconsider due to ineffective assistance of counsel and problems with IJ’s frivolous finding, and stating respondent may on remand apply for any eligible relief in removal proceedings. Courtesy of Shanshan Zhou.
CA9 Upholds BIA’s Adverse Determination on Extraordinary Circumstances
The court held the asylum application was time-barred, and found the primary reasons the petitioner delayed filing her application were lack of money and inability to speak English, and not the psychiatric problems she suffered. (Gasparyan v. Holder, 2/20/13)
CA7 Remands Pakistani Asylum Case
The court granted the petition and remanded the asylum case, holding that the BIA’s conclusion that the petitioner’s attackers were motivated solely by a desire for personal revenge is not supported by substantial evidence. (Mustafa v. Holder, 2/11/13)
Our Lady Liberty Still Stands As A Beacon Of Freedom
To every immigrant, nothing rings more true than the words of the Emma Lazarus Poem engraved on the Statue of Liberty “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp
CA9 Remands Asylum Case on Social Visibility Requirement
In an en banc decision, the court held that the BIA misapplied its own precedent on social group membership when it denied petitioner’s asylum claim because of a lack of “social visibility.” (Henriquez-Rivas v. Holder, 2/13/13)
CRS Report on Policy Options for Providing Targeted Immigration Relief
Congressional Research Service (CRS) report from 2/13/13 on policies to provide targeted relief to unauthorized persons, including statutory and legislative remedies, including amending statutory provisions to make it easier for unauthorized persons to obtain LPR status.
IJ Grants Humanitarian Asylum to Romanian Applicant
In this unpublished decision, the IJ granted humanitarian asylum pursuant to 8 C.F.R. §1208.13(b)(1)(iii)(B) based on the reasonable possibility that the applicant would suffer other serious harm in Romania. Courtesy of Russell R. Abrutyn.
BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings
In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos.
District Court Complaint Challenges Withholding Asylum Interview Notes Under FOIA
Complaint filed by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area challenging the USCIS policy of withholding asylum interview notes in response to FOIA requests submitted for applicants’ A files. (Martins v. USCIS, 2/11/13)