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
USCIS Asylum Division Fact Sheet on Confidentiality Regulations
USCIS fact sheet dated 10/18/12 on the federal regulations protecting the confidentiality of asylum applicants, including frequently asked questions.
USCIS Asylum Division Handout on Closure of the National Asylee Information and Referral Line
USCIS Asylum division handout included with asylum grant letters, noting that the National Asylee Information and Referral Line listed on the letter is no longer in service and directing asylees to the ORR website for more information on available benefits and services.
DHS Notice on CFR Corrections for Procedures for Asylum & Withholding of Removal
DHS notice on corrections to 8 CFR Part 208 on Procedures for Asylum and Withholding of Removal related to termination of asylum or withholding of removal or deportation. (77 FR 76352, 12/28/12)
DHS Notice on CFR Corrections for Adjustment of Status of Refugees & Aliens Granted Asylum
DHS notice on corrections to 8 CFR Part 209 on Adjustment of Status of Refugees & Aliens Granted Asylum related to medical exams, inadmissible aliens, and more. (77 FR 76352, 12/28/12)
CA1 Upholds Adverse Credibility Determination
The court upheld the IJ’s conclusion that the asylum applicants’ testimony was not credible, and rejected the argument that the BIA improvidently fashioned its own factual findings in order to uphold the adverse credibility determination. (Chen v. Holder, 12/21/12)
26 Individuals Including Six Lawyers Charged with Immigration Fraud Schemes
U.S. Attorney’s Office for the Southern District of New York unsealed indictment of 26 people for allegedly participating in immigration fraud schemes related to the submission of hundreds of asylum applications containing fabricated claims of persecution. (U.S. v. Liu, 12/20/12)
USCIS Announces Asylum Customer Satisfaction Survey Results
USCIS press release on results of Refugee, Asylum & International Operations Directorate (RAIO) Asylum Office Customer Satisfaction Survey where 1,000 customers from eight asylum offices completed a satisfaction survey about their asylum interviews during the past fiscal year.
USCIS Mexico City District and Field Office Fact Sheet
Mexico City District Chapter offers a fact sheet on the USCIS Mexico City District and Field Offices. Topics discussed include general operations, contact information, I-130s, I-360s, I-730s, N-400s, N-407s, I-290Bs, expedite requests, third-country nationals, and more.
CA6 Holds BIA Abused Discretion When Considering Motion to Reopen Asylum Case
The court remanded the case, holding that the BIA abused its discretion when it considered whether there were changed country conditions and when it dismissed evidence simply because the statements were not made before a notary public. (Zhang v. Holder, 12/18/12)
CA2 Reverses BIA on Social Visibility Assessment
The court vacated the BIA order denying asylum, held that a group of potential witnesses against a KLA leader constituted a particular social group, and remanded the case for further consideration. (Gashi v. Holder, 12/18/12)
BIA Upholds Exception To Filing Deadline in Asylum Case With 18-Year Filing Delay
In an unpublished asylum case, the BIA held that the respondent met an exception to the one-year filing deadline to overcome an 18-year filing delay based on the respondent’s HIV-positive diagnosis and struggle to accept his sexuality. Courtesy of Ashley Huebner.
U.S. & Canada Announce Visa and Immigration Information-Sharing Agreement
DOS press release announcing the signing of U.S.-Canada Visa and Immigration Information-Sharing Agreement, which will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country.
CA8 Finds DHS Did Not Violate Asylum Applicant’s Confidentiality Rights
The court rejected the petitioner’s arguments that an overseas DHS investigation violated her confidentiality rights and that the IJ considered untrustworthy evidence, and upheld the BIA’s conclusion she had not suffered past persecution. (La v. Holder, 12/13/12)
SSA POMS on Verifying Asylee Status Through EOIR
SSA’s RM 10211.213 providing instructions on verifying asylee status through EOIR if the SAVE initial verification response does not verify asylee status. Steps to request verification through EOIR should be taken immediately.
SSA POMS on Evidence of Asylee Status When Form I-94 is Submitted
SSA’s RM 10211.207 provides a description of Form I-94 issued to asylees, instructions of verifying asylee status through SAVE using Form I-94, and what to do with SAVE cannot verify asylee status.
SSA POMS on Evidence of Asylee Status for SSA Card
SSA’s RM 10211.205 provides guidance on the evidence requirements for asylees and asylee applicants.
USCIS Adjustment of Status Form I-485 Performance Data
USCIS performance data containing numerical information on adjustment of status applications, including the number of receipts, approvals, denials, and pending cases by field office from FY2010 through October FY2013.
USCIS TRIG Statistics from 12/11/12 Meeting
Statistics provided by USCIS at a TRIG Stakeholder meeting held on 12/11/12, including statistics on exemptions granted by category, exemptions denied by type of application, and cases on hold by type of application.
USCIS Asylum Division Statistics from 12/6/12 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 12/6/12, including statistics on cases filed from 2007-2012, credible and reasonable fear interviews, applications by nationals of Afghanistan, Syria, and Iraq, and more.
Practice Pointer: Prosecutorial Discretion & LGBT Families
Liaison practice pointer offering information on prosecutorial discretion, a background on DOMA, and suggestions for how to protect an LGBT client. Special thanks to Victoria Neilson and the LGBT Working Group.
CA8 Denies Asylum Claim Based on HIV-Positive Status
The court found the BIA adequately addressed the petitioner’s asylum claim, which was based on his HIV-positive status, and upheld the IJ’s adverse credibility finding and decision to exclude medical records. (R.K.N. v. Holder, 12/3/12)
CA1 Issues Temporary Stay of Mandate to Allow Petitioner to Apply for DACA
The court upheld the denial of the petitioners’ motion to reopen their asylum case based on changed circumstances, but issued a 90-day stay of mandate to allow the son to apply for deferred action for childhood arrivals. (Gasparian v. Holder, 12/3/12)
CA9 Finds Petitioner Ineligible for Withholding Due to Conviction for “Particularly Serious Crime”
The court found that the petitioner was ineligible for withholding of removal because he had been convicted of a “particularly serious crime” within the meaning of INA §241(b)(3)(B)(ii), and upheld the revocation of his asylee status. (Pechenkov v. Holder, 12/3/12)
DOJ OIL November 2012 Litigation Bulletin
The DOJ Office of Immigration Litigation (OIL) November 2012 Litigation Bulletin, where the Seventh Circuit ruled that a person who has been previously removed from the United States is ineligible for adjustment of status.
CA8 Denies Guatemalan Asylum and Withholding Claim
The court found the Guatemalan petitioner could not establish past persecution based on attacks on family members and an incident where the PNC handcuffed, beat, and burned him with a cigarette. (Garcia-Colindres v. Holder, 11/30/12)